LIBRARY 

OF  THE 

University  of  California. 

GIFT    OF 

I/Iaa/JUa*^  cs-v^  .         

'  Class 

7 1810 


REVISION  OF  1910 


STATE  OF  MICHIGAN 


LAWS  RELATING  TO 


PUBLIC   HEALTH 


COMPILED   UNDER  THE  SUPERVISION  OF 

FREDERICK   C.  MARTINDALE 

SECRETARY  OF  STATIC 


BY  AUTHORITY 


LANSING,  MICHIGAN 
WYNKOOP    1IALLENBECK    CRAWFORD    CO.,    STATE    PRINTERS 

1910 


REVISION  OF  1910 


STATE  OF  MICHIGAN 


LAWS  RELATING  TO 


PUBLIC   HEALTH 


COMPILED  UNDER  THE  SUPERVISION  OF 

FREDERICK  C.  MARTINDALE 

SECRETARY  OF  STATE 


£* 


OF 

UNIVERSITY 


BY  AUTHORITY 


LANSING,   MICHIGAN 
WYNKOOP    HALLENBECK    CRAWFORD    CO.,    STATE    PRINTERS 

1910 


M* 


Km 


TABLE  OF  CONTENTS 


CHAPTER  I. 

Sections 

State  Board  of  Health: 

Organization,   etc 1~11 

Assistant  secretary   12"i  c 

Bacteriological    department    14-18 

Plans  for  state  buildings  19 

State  quarantine  law   20-26 

Subjects  taught  in  public  schools  27-28 

Public  health    29"33 

Supervision  over  waterworks  systems   M-42 

Sanitary  conditions  in  railroad  depots,  etc 43-49 

CHAPTER  II.  i 

Local  Boards  or  Health: 

Boards  of  health  in  townships  ,      50-59 

Boards  of  health  in  villages  and  cities 60 

Spread  of  communicable  diseases   61-78 

Quarantine    79-88 

Tuberculosis    89-101 

Hospitals    102-107 

Vaccination    108-110 

Rabies  among  dogs  111-118 

Pasteur  treatment  for  indigent  persons    119 

Diseases   among   cattle    120-121 

Powers  of  villages    122-127 

Powers  of  cities  of  fourth  class  T 128-133 

CHAPTER  III. 

Duties  of  Health  Officer: 

Health  officers  in  townships    134-136 

Health  officers  in  villages  and  cities  137 

Prevention  of  blindness  in   infants    138-139 

Registration  of  deaths   140-146 

CHAPTER  IV. 
Nuisances  : 

In  townships 147-153 

Dead  animals    * 154 

Water  closets  and  privies    155-156 

Artesian  and  flowing  wells   157-159 

Offensive    trades    160-162 

Slaughter    houses    ! 163-165 

Meat   inspection    166-176 

In   villages    177-183 

In  cities    184-191 

Private   nuisances 192-196 


206475 


4  CONTENTS. 

CHAPTER  V. 
CEMETEBIES :  Sections. 

Enlarging  cemeteries  in  townships    197-210 

Vacating  cemeteries  in  townships   211-216 

Vacating  cemeteries  in  villages  and  cities   . .' 217-221 

Disposal  of  real  estate   222 

Upkeep  of  cemetery  or  lots  223-226 

CHAPTER  VI. 
Embalming: 

Licensing  and  registration  of  embalmers   •. 227-235 

Embalmers  to  act  as  subregistrars  of  deaths  236-237 

CHAPTER  VII. 
Nubses  : 
Registration   of  nurses 238-249 

CHAPTER  VIII. 
Miscellaneous  : 

To  prevent  sale  and  use  of  toy  pistols  250-252 

Water  analysis  at  cost  at  university   253-255 

Maintenance  of  hospitals  and  sanitariums    256-259 

Transportation  of  unclaimed  dead  human  bodies   260-261 

References  to  local  legislation   262-265 


Note. — The  numbers  In  parentheses,  (  ),  are  compiler's  sections  and  are  consecutive 
throughout  the  book.  The  section  mark  §  refers  to  the  section  of  the  compiled  laws  of 
1897.  The  notes  used  refer  to  the  compiler's  sections  unless  otherwise  specified.  Abbre- 
viations used  are,  Am.,  amended ;  C.  L.,  compiled  laws ;  P.  A.,  public  acts ;  and  L.  A., 
local  acts. 

The  character  /  is  used  in  citing  Michigan  casas,  to  avoid  the  repetition  of  Mich. 

The  annotations  in  this  compilation  include  supreme  court  decisions  to  and  including 
the  155th  Michigan  report. 


LAWS  RELATING 


TO 


PUBLIC  HEALTH 


CHAPTER  I. 
STATE  BOARD  OF  HEALTH, 


ORGANIZATION,    ETC.  SUBJECTS  TAUGHT  IN  PUBLIC  SCHOOLS. 

a  <j«JT«irPA'\rrr   «STTT,RK,rrARV  PUBLIC  HEALTH. 

^E^OlJ^^mlAJiTmSKT.  SDS™  °VER  WATER  W0RKS 

PLANS   FOR   STATE   BUILDINGS.  SANITARY  CONDITIONS  IN  RAILROAD 
QUARANTINE  LAW.  DEPOTS.  ETC. 

ORGANIZATION. 

An  Act  to  establish  a  state  board  of  health,  to  provide  for  the  appoint- 
ment of  a  superintendent  of  vital  statistics,  and  to  assign  certain 
duties  to  local  boards  of  health.. 

[Act  81,  P.   A.   1873.] 

The  People  of  the  State  of  Michigan  enact: 

(1)     §  4397.     Section  1.    That  a   board   is  hereby   estab-  state  board  of 
lished  which  shall  be  known  under  the  name  and  style  of  ashed. 
the  "State  board  of  health."     It  shall  consist  of  seven  mem- 
bers, as  follows:    Six  members  who  shall  be  appointed  by  the 
governor  with  the  consent  of  the  senate,  and  a  secretary,  as 
provided  in  section  four  of  this  act.     The  six  members  first  Term  of 
appointed  shall  be  so  designated    by  the  governor    that  the  ° 
term  of  office  of  two  shall  expire  every  two  years,  on  the  last 
day  of  January.     Thereafter,  the  governor,  with  the  consent 
of  the  senate,  shall  biennially  appoint  two  members  to  hold 
their  offices  for  six  years,  ending  January  thirty-first.     Any  vacancy, 
vacancy  in  said  board  may  be  filled  until  the  next  regular 
session  of  the  legislature  by  the  governor. 

PUBLIC  HEALTH  :  The  care  of  the  public  health  is  a  police  power.  The 
several  states  of  the  union  possess  a  general  police  power,  by  which  persons 
and  property  are  subjected  to  all  kinds  of  restraints  and  burdens  in  order  to 
secure  the  general  health,  comfort  and  prosperity  of  the  state.  There  seems 
to  be  no  doubt  that  the  police  power  extends  to  the  protection  of  the  lives, 
health  and  property  of  the  citizens. — Davock  v.   Moor£,   105/133. 


STATE    OF    MICHIGAN. 


Duties  of 
state  board. 


Meeting  of 
board. 

Quorum. 


Election  of 
president  and 
the   adoption 
of  rules,  etc. 


Secretary  of 
board,  when 
governor  to 
appoint. 


(2)  §  4398.  Sec.  2.  The  state  board  of  health  shall  have 
the  general  supervision  of  the  interests  of  the  health  and  life 
of  the  citizens  of  this  state.  They  shall  especially  study  the 
vital  statistics  of  this  state,  and  endeavor  to  make  intelli- 
gent and  profitable  use  of  the  collected  records  of  deaths  and 
of  sickness  among  the  people;  they  shall  make  sanitary  in- 
vestigations and  inquiries  respecting  the  causes  of  disease, 
and  especially  of  epidemics;  the  causes  of  mortality,  and  the 
effects  of  localities,  employments,  conditions,  ingestia,  habits 
and  circumstances  on  the  health  of  the  people.  They  shall, 
when  required,  or  when  they  deem  it  best,  advise  officers  of 
the  government,  or  other  state  boards,  in  regard  to  the  loca- 
tion, drainage,  water  supply,  disposal  of  excreta,  heating, 
and  ventilation  of  any  public  institution  or  building.  They 
shall  from  time  to  time  recommend  standard  works  on  the 
subject  of  hygiene  for  the  use  of  the  schools  of  the  state. 

(3)  §  4399.  Sec.  3.  The  board  shall  meet  quarterly  at 
Lansing,  and  at  such  other  places  and  times  as  they  may 
deem  expedient.  A  majority  shall  be  a  quorum  for  the 
transaction  of  business.  They  shall  choose  one  of  their 
number  to  be  their  president,  and  may  adopt  rules  and  by- 
laws subject  to  the  provisions  of  this  act.  They  shall  have 
authority  to  send  their  secretary,  or  a  committee  of  the 
board  to  any  part  of  the  state,  when  deemed  necessary  to 
investigate  the  cause  of  any  special  or  unusual  disease  or 
mortality. 

(4)  §  4400.  Sec.  4.  At  the  meeting  of  the  legislature  in 
the  year  nineteen  hundred  five  and  every  six  years  there- 
after, the  governor  with  the  consent  of  the  senate  shall  ap- 
point a  suitable  and  competent  person  to  be  the  seventh 
member  of  the  board,  which  member  shall  he  the  secretary 
of  the  said  board,  and  its  executive  officer. 

Am.  1905,  Act  18. 


Term  of 
office. 


Duties  of. 


(5)  §  4401.  Sec.  5.  Said  secretary  shall  hold  his  office 
for  six  years,  and  until  his  successor  is  appointed.  He  shall 
keep  his  office  at  Lansing,  and  shall  ]>erform  the  duties  pre- 
scribed by  this  act,  or  required  by  the  board.  He  shall  keep 
a  record  of  the  transactions  of  the  board ;  shall  have  the  cus- 
tody of  all  books,  papers,  documents  and  other  property  be- 
longing to  the  board,  which  may  be  deposited  in  his  office; 
shall,  so  far  as  practicable,  communicate  with  other  state 
boards  of  health,  and  with  the  local  boards  of  health  within 
this  state;  shall  keep  and  file  all  reports  received  from  such 
boards,  and  all  correspondence  of  the  office  appertaining  to 
the  business  of  the  board.  He  shall,  so  far  as  possible,  aid 
in  obtaining  contributions  to  the  library  and  museum  of 
the  board.  He  shall  prepare  blank  forms  of  returns  and  such 
instructions  as  may  be  necessary,  and  forward  them  to  the 
clerks  of  the  several  boards  of  health  throughout  the  state. 
He  shall    collect    information    concerning    vital     statistics, 


LAWS    RELATING    TO    PUBLIC    HEALTH. 


knowledge  respecting  diseases,  and  all  useful  information  on 
the  subject  of  hygiene,  and  through  an  annual  report,  and 
otherwise,  as  the  board  may  direct,  shall  disseminate  such 
information  among  the  people :  Provided,  That  all  printing  Proviso  as  to 
and  binding  under  the  provisions  of  this  act,  shall  be  ordered  Binding.  a! 
through  the  board  of  state  auditors,  as  other  state  printing 
is  ordered  and  paid,  except  that  the  payment  therefor  shall 
be  out  of  the  appropriation  provided  for  in  section  seven  of 
this  act. 

Am.   Id. 

(6)  .  §  4402.    Sec.  6.    The  secretary  shall  receive  an  annual  salary  of. 
salary  of  two  thousand  five  hundred  dollars.     The  members  compensation 
of  the  board  shall  receive  no  per  diem  compensation  for  their  of  members. 
services,   but   their  traveling    and  other   necessary   expenses 

while  employed  on  the  business  of  the  board,  shall  be  allowed 
and  paid. 

Am.   Id. 

(7)  §  4403.     Sec.  7.     The  sum   of  nine  thousand  dollars  Appropriation 
per  annum,  or  so  much  thereof  as  may  be  deemed  necessary  SaiaryCandry  s 
by  the  state  board  of  health,  is  hereby  appropriated  to  pay  expenses111 
the  salary  of  the  secretary,  meet  the  contingent  expenses  of 

his  office,  and  the  expenses  of  the  board,  to  pay  for  necessary 
instruments,  to  pay  for  special  investigations,  to  pay  for  the 
compiling,    publishing  and  distribution  of  such  circulars  and 
pamphlets  as  will    promote  the  best    interests  of   the   public 
health,  to  comply  with  the  provisions  of  section  four  thou- 
sand seven  hundred  ninety-six  of  the  compiled  laws  of  one 
thousand  eight  hundred  ninety-seven,  and  to  generally  pro- 
mote   the    public    health.     All  expenses    incurred  under  the  Expenses,  how 
provisions  of  this  act  shall  be  certified  by  the  secretary  of  certified- 
the  board  to  the    board  of    state  auditors    and    allowed  by 
them.    The  sum  so  allowed  shall  be  paid  from  the  state  treas- 
ury on  the  warrant  of  the  auditor  general  and  charged  to 
the  appropriation  account  of  said  board  of  health.    And  not  Appropriation 
to  exceed  ten  thousand  dollars    shall    be    expended  by  said  H     onal 
board  of  health  in  any  one  year  for  the  employment  of  addi- 
tional clerks  in  the  office  of  said  board,  under  the  provisions  CeHain  act  t0 
of  act  number  one  hundred  seventy-three  of  the  session  laws  govern. 
of  eighteen   hundred   seventy-one,   entitled   "An  act  to   pro- 
vide for  the  payment  of  the  salaries  of  the  state  officers," 
being   section   one  hundred   sixty-five  of  the   compiled   laws 
of  eighteen  hundred  ninety-seven. 

Am.   Id. 

(8)  §  4404.     Sec.  8.     It  shall  be  the  duty  of  the  health  physicians  and 
physician,  and  also  of  the  clerk  of  the  local  board  of  health  boards  ^Vre^1 
in  each  township,  city,  and  village  in  this  state,  at  least  once  Portrito  state 
in  each  year,  to  report  to  the  state  board  of  health  their 


STATE    OF    MICHIGAN. 


to  furnish 
information 


proceedings,  and  such  other  facts  required,  on  blanks,  and 
in  accordance  with  instructions  received  from  said  state 
board.  They  shall  also  make  special  reports  whenever  re- 
quired to  do  so  by  the  state  board  of  health. 
Duty  of  state  (9)  §  4405.  Sec.  9.  In  order  to  afford  to  this  board  bet- 
sSans,'  etcy,"  ter  advantages  for  obtaining  knowledge  important  to  be  in- 
corporated with  that  collected  through  special  investigations 
and  from  other  sources,  it  shall  be  the  duty  of  all  officers  of 
the  state,  the  physicians  of  all  mining  or  other  incorporated 
companies,  and  the  president  or  agent  of  any  company 
chartered,  organized,  or  transacting  business  under  the  laws 
of  this  state,  so  far  as  practicable,  to  furnish  to  the  state 
board  of  health  any  information  bearing  upon  public  health 
which  may  be  requested  by  said  board  for  the  purpose  of 
enabling  it  better  to  perform  its  duties  of  collecting  and  dis- 
tributing useful  knowledge  on  this  subject. 
Annual  report  (io)  §  4406.  Sec.  10.  The  secretary  of  the  state  board 
ary'  '  of  health  may  publish  in  his  annual  report  such  information* 
or  statistics,  as  is  provided  for  in  this  act. 


Room  for 
meetings. 


Section  10  of  Act  44  of  1899,  provides  for  the  publication  of  the  annual 
report  of  the  secretary.  Not  over  4,000  copies,  to  exceed  300  pages,  of  the 
size  of  the  report  of  1894,   may  be  printed. 

(11)  §  4407.  Sec.  11.  The  secretary  of  state  shall  pro- 
vide a  suitable  room  for  the  meetings  of  the  board  at  Lan- 
sing, and  office  room  for  its  secretary. 


ASSISTANT  SECRETARY. 

An  act  to  authorize  the  appointment  of  an  assistant  secretary  of  ttu 
state  board  of  health;  to  prescribe  his  duties  and  fix  his  compen- 
sation. 

[Act  318,  P.  A.   1905.] 

The  People  of  the  State  of  Michigan  enact: 


Appointment 
of  assistant. 


Duties. 


(12)  Section  1.  The  secretary  of  the  state  board  of  health 
is  hereby  authorized  to  appoint  an  assistant  secretary  of 
said  board,  which  appointment  may  be  revoked  at  his  pleas- 
ure. 

(13)  Sec.  2.  It  shall  be  the  duty  of  such  assistant  secre- 
tary to  perform  such  duties  in  connection  with  the  depart- 
ment of  the  state  board. of  health  as  may  be  assigned  to  him 
by  the  secretary,  and  during  the  illness,  absence  or  disability 
of  the  secretary  he  may  execute  all  the  duties  of  that  office. 
He  shall  be  paid  the  sum  of  fifteen  hundred  dollars  per  an- 
num, from  the  same  fund  and  in  the  same  manner  as  deputies 
in  the  different  state  departments  are  now  paid. 


LAWS    RELATING    TO    PUBLIC    HEALTH. 


BACTERIOLOGICAL  DEPARTMENT. 

An  Act  to  provide  for  the  appointment  of  a  bacteriologist  by  the  state 
board  of  health;  to  provide  for  the  purchase  of  the  necessary  appli- 
ances and  apparatus  for  bacteriological  examinations,  and  providing 
an  appropriation  therefor. 

[Act  109,  P.  A.  1907.] 

The  People  of  the  State  of  Michigan  enact: 

(14)  Section  1.     The    state    board    of    health    is    hereby  Bacterioio- 
anthorized  and  empowered  to  employ  a  competent  baeteri-  appointment, 
ologist,  whose  duties  shall  be  such  as  are  or  may  be  denned  salary. 

by  law  or  defined  by  said  board  of  health,  and  shall  be  per- 
formed in  connection  with  the  department  of  public  health. 
The  salary  of  the  person  appointed  bacteriologist  shall  be 
fixed  by  the  said  board  of  health. 

(15)  Sec.  2.     The    bacteriologist    whose    appointment    is  Duty. 
herein  provided  for  shall  conduct  the  routine  work  in  con- 
nection with  bacteriological  examinations  and  analyses  that 
may  be  necessary,  authorized  or  required  by  the  provisions 

of  this  act  or  ordered  or  directed  by  the  said  board  of  health, 
all  of  which  shall  be  under  the  supervision  of  the  secretary 
of  said  board. 

(16)  Sec.  3.    The  various  boards  of  health,  health  officers,  Bacteriological 
and  all  state  institutions  may  require  a  bacteriological  exam-  examination. 
ination  or  analysis  of  blood,  sputum,  urine,  water,  milk,  or 

other  substance  in  localities  where  there  is  an  outbreak  of 
any  contagious  disease  or  epidemic  in  which  bacteriological 
examination  or    analysis    may    be    necessary    to   the   public 
health  and  welfare,  or  for  the  purpose  of  locating  sources 
of  infection,   or  contamination   of  water,   milk,  ice,  etc.,   as 
the  case  may  be.     The  said  state  board  of  health  shall  also  Analysis  of 
be  required  to  make  an  examination  and    analysis    of    the  water>  etc- 
water  used  by  the  public,  and  of  public  water  supplies,  when 
contamination  is  suspected,    whenever    the    examination    or 
analysis  is  required  by  the  mayor  of  any  city,  the  president 
of  any   village,   or  the   supervisor  of  any    township.     Such  samples  to  be 
boards  or  officers  shall  forward  or  deliver  to  the  secretary  packages!6*116'1 
of  the  state  board  of  health  a  sample  of  the  substance  re- 
quired to  be  analyzed,  in  a  sealed  package    or    jar    accom- 
panied by  a  statement  from  such  board  or  officer,  indicating 
the  necessity  for  the  analysis.     The  examination  or  analysis 
for  the  boards  or  officers  above  named  shall  be  made  free  of 
charge.     The  state  board  of  health  shall  also  make  a  bac-  Analysis  in 
teriological  examination  or  analysis  in  all  matters  of  a  crim-  maTters1 
inal  nature  whenever  requested  by  the  prosecuting  attorney 
of  the  county  in  which  the  case  may  arise:     Provided,  how- Proviso,  cost, 
ever,  That  any  prosecuting  attorney  requiring  any  analysis 
of  a  criminal  nature,  or  any  private  individual,,  corporation 
or  association  requiring  an  analysis    for    private    purposes, 
2 


H) 


STATE    OF    MICHIGAN. 


shall  be  required  to  pay  to  the  state  board  of  health,  upon 
the  completion  of  the  analysis,  the  nominal  cost  of  the  ma- 
terials used  and  for  the  time  necessarily  spent  in  making 
such  examination  or  analysis,  which  amounts  shall  constitute 
a  charge  against  the  particular  county,  private  individual, 
corporation  or  association,  and  shall  together  with  all  fees 
for  expert  testimony  be  turned  into  the  state  treasury  to  the 
credit  of  the  bacteriological  fund,  in  addition  to  the  amount 
herein  provided,  and  may  be  drawn  by  the  state  board  of 
health  in  the  manner  now  provided  by  the  accounting  laws 
of  this  state  for  the  purpose  of  maintaining  or  adding  to  the 
equipment  of  the  bacteriological  division  of  the  department 
of  health. 

Am.  1909,  Act  122. 


Apparatus, 
board  may 
purchase. 


Proviso.salary 
expenses. 


Further 
proviso, 
compilations. 


Annual 
appropriation. 


Tax  clause. 


(17)  Sec.  4.  The  said  board  of  health  is  hereby  given 
authority  to  purchase  any  and  all  such  apparatus  and  appli- 
ances as  shall  be  necessary  to  carry  out  the  provisions  of  this 
act:  Provided,  That  the  amount  paid  as  salary  to  the  bac- 
teriologist and  expended  for  apparatus  and  appliances,  in 
any  one  year,  shall  not  exceed  the  amount  of  the  yearly 
appropriation  provided  for  in  this  act:  Provided  further. 
That  any  part  of  the  appropriation  herein  provided  for,  not 
expended  for  the  salary  of  the  bacteriologist  or  for  purchas- 
ing apparatus,  material  and  appliances,  may  be  used  by  the 
said  board  of  health  in  compiling  general  information  in  re- 
gard to  bacteriological  examinations  and  for  such  other  pur- 
poses in  connection  with  the  bacteriological  work  of  the  de- 
partment of  public  health  as  shall  be  deemed  advisable  and 
necessary  by  the  said  board. 

(18)  Sec.  5.  There  is  hereby  appropriated  annually  out 
of  any  moneys  in  the  state  treasury  to  the  credit  of  the  gen- 
eral fund  the  sum  of  five  thousand  dollars  for  the  purpose  of 
carrying  out  the  provisions  of  this  act,  which  amount  shall 
be  paid  to  the  state  board  of  health  in  the  manner  now  pro- 
vided by  the  general  accounting  laws  of  this  state.  The 
auditor  general  shall  add  to  and  incorporate  in  the  state 
tax  for  the  year  nineteen  hundred  nine  and  every  year  there- 
after the  sum  of  five  thousand  dollars,  which  when  collected 
shall  be  used  to  reimburse  the  general  fund  in  the  state 
treasury  for  the  amount  appropriated  by  this  act. 

Am.  1909,  Act  122. 


THE  INSPECTION  OF  PLANS  FOR  STATE  BUILDINGS. 

[Extract  from   Act  206,   P.   A.   1881.] 


(19) 


§  2229. 


Sec.  7.    That  before  the  board  of  any  chari 
educational    or   reformatory    institution    shall 


Plans  for  state 
buildings  to  be  . 

submitted  to   table,   penal, 

forteopin1onS     determine  on.  the  plan  of  any  building,  or  on  any  system  of 
sewerage,  ventilation  or  heating,  which  has  been  authorized 


LAWS    RELATING    TO    PUBLIC    HEALTH.  11 

by  the  legislature  to  be  constructed,  such  plan  shall  be  sub- 
mitted to  the  board  of  corrections  and  charities  and  the  state 
board  of  health  for  examination  and  opinion  thereon ;  and  state  board 
the  board  so  submitting  such  plan  shall,  in  its  biennial  re-  examine 
port,  show  to  what  extent  it  was  approved  by  the  boards  so  plans- 
examining  them.     And  no  money  shall  be  paid  out  of  the 
state  treasury  for  the  execution  of  any  such  plan  or  system 
until  the  board  of  corrections  and  charities  shall  file  with 
the  auditor  general  a  written  opinion  that  the  proposed  plan 
is  of  such  character  that  the  construction  may  be  fully  com- 
pleted in  accordance    therewith    at    an    expense  within  the 
amount  appropriated  therefor.     That  it  shall  be  the  duty  of  state  boards 
said  state  boards  to  visit  said  penal,  educational,  charitable  tostttations. 
and   reformatory   institutions  when   necessary   to   make  the 
examination  herein  required,  and  their  expenses  necessarily 
incurred  shall  be  audited  by  the  board  of  state  auditors  and 
paid  from  the  general  fund. 


STATE  QUARANTINE  LAW. 

An  Act  to  provide  for  the  prevention  of  the  introduction  and  spread 
of  cholera  and  other  dangeous  communicable  diseases. 

[Act  230,  P.  A.  1885.] 

The  People  of  the  State  of  Michigan  enact: 

(20)  §  4477.     Section  1.    Whenever  it  shall  be  shown  to  state  board 
the    satisfaction    of    the  state  board  of  health  that  cholera,  eltSh  t0 
diphtheria,  or  other  dangerous  communicable  disease  exists  quarantine. 
in  any  foreign  country,  neighboring  state,  or  locality  within 

this  state  whereby  the  public  health  is  imperiled,  and  it  shall 
be  further  shown  that  immigrants,  passengers  or  other  per- 
sons seeking  to  enter  this  state  or  to  travel  from  place  to 
place  within  this  state,  are  coming  from  any  locality  where 
such  dangerous  communicable  disease  exists,  and  are  likely 
to  carry  infection  of  such  dangerous  communicable  disease, 
the  state  board  of  health  shall  be  authorized  to  establish  a 
system  of  quarantine  for  the  state  of  Michigan  or  for  any 
portion  thereof. 

(21)  §  4478.     Sec.  2.     Such  quarantine  shall  be  for  the  The  purpose 
purpose  of  preventing  all   immigrants,  passengers  or  other  quarantine. 
persons,   under  the  circumstances  mentioned  in  section   one 

of  this  act,  from  entering  the  state  or  from  going  from  place 
to  place  within  the  state,  who,  in  the  opinion  of  the  state 
'board  of  health,  or  in  the  opinion  of  an  inspector  duly  ap- 
pointed by  said  board,  are  likely  to  carry  infection  of  cholera, 
small-pox,  diphtheria  or  other  dangerous  communicable  dis- 
ease, and  for  the  detention  of  all  such  persons  outside  the 
borders  of  the  state,  or  if  already  within  the  state,  at  the 
places  where  they  may  be  or  at  the  place  they  have  been  ex- 


12 


STATE    OF    MICHIGAN. 


Duration  of 
quarantine. 


General    rules. 

Inspector  to 
detain  railroad 
cars  and  other 
conveyances. 


posed  to  or  have  contracted  such  dangerous  communicable 
disease,  or  at  such  suitable  place  as  such  board  may  provide, 
during  the  period  of  the  incubation  of  such  disease,  or  of  its 
existence  if  already  developed,  and  until  in  the  opinion 
of  the  state  board  of  health  such  persons  are  free  from  all 
danger  of  infection. 

(22)  §  4479.  Sec.  3.  The  state  board  of  health  is  author- 
ized to  establish  general  rules,  and,  by  an  inspector  acting 
by  virtue  thereof,  to  detain  railroad  cars  or  other  public  or 
private  conveyances  whenever  it  shall  be  shown  to  the  satis- 
faction of  such  board,  or  to  the  inspector  as  provided  in  such 
rules,  that  such  cars  or  other  conveyances  contain  any  pas- 
senger, person  or  property  which  has  been  exposed  to  cholera, 
diphtheria,  or  other  dangerous  communicable  disease,  or 
when  it  shall  be  shown  to  the  satisfaction  of  such  board  or 
inspector  as  aforesaid,  any  passenger,  person  or  property, 
are  being  transported  on  such  railroad  cars  or  other  public 
or  private  conveyance  from  any  locality  within  or  without 
this  state  where  any  such  dangerous  communicable  disease 
exists  and  where  under  the  circumstances  shown  to  such 
board,  such  persons  or  property  are  likely  to  carry  infection 
of  such  dangerous  communicable  disease.  In  such  case  said 
board  may,  by  its  duly  constituted  inspectors,  remove,  iso- 
late, place  under  the  care  of  local  boards  of  health,  order 
to  be  returned  to  the  places  whence  they  came,  or  dispose  of 
in  any  other  manner  it  may  consider  proper,  all  railroad  cars, 
or  other  conveyances,  all  passengers  in  such  railroad  cars  or 
other  conveyances,  when  there  is  reason,  as  aforesaid,  to  be- 
lieve such  may  have  contracted  or  become  infected  with  any 
dangerous  communicable  disease,  or  have  been  exposed  or 
infected  by  any  such  disease  in  a  manner  likely  to  render 
them  bearers  of  infection.  In  case  any  person  or  property 
is  detained  by  an  inspector,  for  any  of  the  purposes  men- 
tioned in  this  act,  the  party  or  parties  interested  shall  have 
a  right  to  a  hearing  before  the  said  board,  and  the  decision 
of  such  board  shall  be  final. 


May    remove 
or    isolate,    as 
is   considered 
proper. 


Shall  have 
right  to  hear- 
ing before 
board. 


The   provisions   of  this   section   are   constitutional. — Hurst  v.   Warner,    102/ 
238. 

prosert  atodbe  (23)  §  448°*  Sec*  4#  A11  sucl]L  Persons>  tlieir  baggage  and 
disinfected.  other  personal  effects,  and  all  such  conveyances  shall  be  dis- 
infected under  such  rules  and  regulations  as  the  state  board 
of  health  may  establish  for  the  purpose  of  carrying  into 
effect  the  provisions  of  this  act,  before  such  persons  or  bag- 
gage or  conveyances  shall  be  permitted  to  enter  the  state, 
or  to  proceed  to  their  or  its  destination  if  already  in  the^ 
state. 

(24)  §  4481.  Sec.  5.  The  state  board  of  health  is  hereby 
authorized  to  cause  the  disinfection  of  goods,  merchandise, 
conveyance  or  other  property  which  they  have  reason  to  be- 
lieve may  carry  the  germs  of  cholera  or  other  dangerous  com- 
municable disease,   and   under  the  circumstances  mentioned 


May  cause 
disinfection 
when  deemed 
necessary. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  13 

in  sections  two  and  three  of  this  act,  to  prohibit  the  entry 
of  such  goods,  merchandise  or  other  property  into  the  state, 
or  their  being  moved  if  within  the  state,  until  such  disinfec- 
tion shall  be  accomplished. 

(25)  §  4482.     Sec.  6.     It  shall  be  the    duty  of  the  state  ^ff^ be 
board  of  health  to  frame  and  publish  rules  for  the  inspection,  pu 
isolation,   detention,   and  disinfection    contemplated  in  this 

act.  Whoever  shall  wilfully  violate  the  rules  of  the  state 
board  of  health,  made  in  pursuance  of  this  act,  or  the  order, 
by  its  duly  appointed  inspector,  made  in  obedience  to  such 
rules,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  liable  to  payment  of  a  fine  of  one  penalty. 
hundred  dollars  and  costs  of  prosecution,  or  imprisonment 
in  the  county  jail  for  a  period  not  to  exceed  ninety  days,  or 
both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

(26)  §  4483.     Sec.  7.     Upon  the  written  request  of  the  Expenses  of^ 
state  board  of  health  and  the  governor,  the  auditor  general  f0°rV  pr° 

is  hereby  directed  to  draw  his  warrant  on  the  state  treasurer 
from  time  to  time  for  such  sums  of  money  as  may  be  neces- 
sary to  be  used  by  the  state  board  of  health  to  carry  into 
full  effect  all  the  provisions  of  this  act,  said  warrant  to  be 
paid  from  any  money  in  the  state  treasury  to  the  credit  of 
the  general  fund  not  otherwise  appropriated. 


SUBJECTS  FOR  TEACHING  IN  SCHOOLS. 

An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by  which  the 
1   dangerous  communicable  diseases  are  spread,  and  the  best  methods  for 
the  restriction  and  prevention  of  such  diseases. 

[Act  146,   T.   A.   1895.] 

•  The  People  of  the  State  of  Michigan  enact: 

(27)     §  4796.     Section  1.     There  shall  be  taught  in  every  Dangerous 
year  in  every  public  school  in  Michigan  the  principal  modes  diseasesmcabIe 
by  which  each  of  the  dangerous  communicable  diseases  are  fJJbj"tSt m  «b 
spread  and  the  best  methods  for  the  restriction  and  preven-  He  schools. 
tion  of  each  such  disease.     Such  instruction  shall  be  given 
by  the  aid  of  text-books  on  physiology,  supplemented  by  oral 
and  blackboard  instruction.     From  and  after  July  first,  nine- 
teen hundred  ten,  no  text-book  on  physiology  shall  be  adopted 
for  use  in  the  public  schools  of  this  state,  unless  it  shall  give 
at  least  one-eighth  of  its  space  to  the  causes  and  prevention 
of    dangerous    communicable    diseases.     Text-books    used    in  Text-books, 
giving  the  foregoing  instruction  shall,  before  being  adopted  ap,)ro*a 
for  use  in  the  public  schools,  have  that  portion  given  to  the 
instruction  in  communicable  diseases  approved  by  the  state 
board  of  health  to  the  state  board  of  education. 

Am.    1909,   Act   141. 


14 


STATE    OF    MICHIGAN. 


Penalty  for  (28)     §  4797.     Sec.  2.     Neglect  or  refusal  on  the  part  of 

refusal  to  any  superintendent  or  teacher  to  comply  with  the  provisions 
p?o\§sionsViof  °*  *n*s  ^aw  sna^  De  considered  a  sufficient  cause  for  dismissal 
this  act.  from  the  school  by  the  school  board.    Any  school  board  wil- 

fully neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.  This  act 
shall  apply  to  all  schools  in  this  state,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 


PUBLIC  HEALTH. 


An  Act  in  relation  to  the  public  health  in  this  state. 


[Act  293,   P.   A.   1909.] 


The  People  of  the  State  of  Michigan  enact: 


Medical 
inspector. 


Communica- 
ble diseases, 
etc., 

who  to  desig- 
nate. 


Medical 
inspector, 
tint  it's    of, 


Report  of. 


(29)  Section  1.  The  state  board  of  health  is  hereby  au- 
thorized and  empowered,  whenever  it  becomes  necessary  to 
promote  the  work  of  the  state  board  of  health,  to  appoint 
any  one  of  its  members  a  state  medical  inspector,  to  the  end 
that  the  rules  and  regulations  adopted  by  said  board  for  the 
preservation  of  public  health  may  be,  strictly  enforced  in  the 
various  parts  of  the  state.  Any  member  of  the  board  selected 
or  appointed  as  a  medical  inspector,  or  any  other  person  the 
board  may  so  designate  to  act  as  a  medical  inspector,  shall 
have  the  same  right  of  inspection  and  the  same  authority 
in  regard  to  all  matters  affecting  the  public  health  as  has 
been  or  may  be  conferred  upon  the  state  or  local  boards  of 
health.  The  said  state  board  of  health  is  hereby  expressly 
authorized  to  designate  what  diseases  are  dangerous  com- 
municable diseases  and  what  diseases  are  contagicms  dis- 
eases, and  it  shall  be  the  duty  of  every  local  board  of  health 
and  health  officer 'to  observe  such  rules  in  relation  to  dan- 
gerous communicable  diseases  and  contagious,  diseases  as 
may  be  prescribed  by  the  said  state  board  of  health. 

(30)  Sec.  2.  Every  person  selected  to  act  as  medical  in- 
spector shall  act  under  the  direction  of  the  state  board  of 
health  and  shall  make  a  thorough  and  complete  investigation 
of  all  nuisances,  sources  of  sickness,  epidemics  of  infectious 
or  dangerous  communicable  diseases  or  contagious  diseases, 
water  supplies,  the  sewerage  disposal  systems,  the  sanitary 
conditions  of  public  vaults,  jails,  school  houses  and  school 
grounds,  and  such  other  work  as  is  found  necessary  to  im- 
prove the  general  sanitary  and  hygienic  condition  of  the 
state. 

(31)  Sec.  3.  It  shall  be  the  duty  of  any  person  acting  as 
such  medical  inspector  after  the  completion  of  any  investi- 
gation to  immediately  report  in  writing  to  the  state  board  of 


LAWS    RELATING    TO    PUBLIC    HEALTH.  15 

— — . , —  ■  — — — 

health,  upon  such  forms  and  in  such  manner  as  may  be  pre- 
scribed, a  complete  account  of  the  essential  facts  disclosed 
by  the  investigation,  together  with  the  recommendations 
made  and  the  work  done  to  better  safe-guard  the  public 
health. 

(32)  Sec.  4.     The  compensation  of  any  person  selected  to  Compensation. 
act  as  medical  inspector,  and  the  members  of  the  state  board 

of  health  when  acting  as  medical  inspectors,  shall  be  deter- 
mined by  the  state  board  of  health.  All  actual  expenses  in- 
curred by  the  medical  inspector  in  the  discharge  of  his  official 
duties,  together  with  his  compensation,  not  to  exceed  ten 
dollars  per  diem,  shall  be  paia  from  the  general  fund  in  the 
state  treasury  upon  vouchers  audited  by  the  board  of  state 
auditors  and  approved  by  the  state  board  of  health. 

(33)  Sec.  5.    There  is  hereby  annually  appropriated  out  of  Appropriation. 
the  general  fund  in  the  state  treasury  such  amount  as  may 

be  necessary  to  enable  the  state  board  of  health  to  carry  out 

the  provisions  of  this  act.     The  auditor   general  shall   add  Tax  clause. 

to  and  incorporate  in  the  state  tax  for  the  year  nineteen 

hundred  nine  and  every  year  thereafter,  a  sufficient  amount 

to  reimburse  the  general  fund  in   the  state  treasury  when 

collected  for  the  amounts  appropriated  by  the  provisions  of 

this  act. 

See.   0   repeals   inconsistent   acts. 


CONTROL  OVER  WATER  WORKS  SYSTEMS. 

An  Act  in  relation  to  the  supervision  and  control  by  the  state  board 
of  health  over  water  works  systems,  and  providing  penalties  for 
the  violation  of  this  act. 

[Act    28,    P.   A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(34)  Section  1.    The  state  board  of  health  and  its  author-  state  board 
ized  agents  and  representatives  are  each  hereby  given  super-  hlveeacertain 
visory  and  visitorial  power  and  control  over  all  corporations  PJJ^er  °uprpiy 
other  than  municipal,  partnerships  and  individuals  engaged 

in  furnishing  water  to  the  public  for  household  or  drinking 
purposes  and  over  the  plants  and  systems  owned  or  operated 
by  such  companies  or  individuals. 

(35)  Sec.  2.     The  state  board    of  health,    its  agents  and  Authority  to 
representatives  referred    to    in    the  preceding  section,  shall  fnspjc"?011  and 
have  the  power  and  authority  to  enter  upon,  at  all  reasonable 

times,  the  pumping  plants,  filtering  plants,  reservoirs,  stand- 
pipes,  cribs  and  other  property  of  said  companies  or  indi- 
viduals, for  the  purpose  of  inspecting  the  same  and  carrying 
out  the  authority  vested  in  them  by  this  act. 


16  STATE    OF    MICHIGAN. 

May  enforce         (36)    Sec.  3.    The  state  board  of  health  shall  have  author- 
feguiatlons.      ity  to  make  and  enforce  such  rules  and  regulations  as  it  may 
deem  necessary,  governing  and  providing  a  method  of  con- 
ducting and  operating  the  entire  or  any  part  of  the  system 
of  water  works,    including    the    filtration  plants    owned .  or 
operated   by   said   corporations   other   than   municipal,   part- 
nerships or  individuals,    and  may  provide  penalties  for    the 
non-compliance  with    such    rules    and   regulations,    and  said 
board  shall,  in  addition  to  the  other  powers  hereby  vested 
in  it,  whenever  it  shall  deem  it  necessary  for  the  protection 
May  direct      of  health,  have  authority  to  direct  a  corporation,  partner- 
ship or  individual  operating  water  works  systems  to  cleanse 
any  portion  of  such  system  as  it  may  deem  necessary,    and 
to  operate  the  same  in  such  a  manner  as  to  furnish  pure 
and  wholesome  water,    and   to  enforce    such   directions   by 
rule  or  regulations, 
when  duty  to      (37)    Sec.  4.     Whenever  the  mayor  of  a  city,  president  of 
investigate.      a  v|]]age?  supervisor  of  a  township,  health  officer  or  repre- 
sentative of  the  state  board  of  health  has  reason  to  believe 
that  the  water  furnished      by    any    corporation    other    than 
municipal,   partnership  or  individual   is  contaminated,  then 
it  shall  be  the  duty  of  the  state  board  of  health  to  investi- 
certificate  of   gate  the  same  and  to  determine  by  laboratory  analysis  the 
analysis.  condition  of  said  water,  and  the  certificate  of  the  state  bac- 

teriologist showing  result  of  such  analysis  shall  be  prima 
facie  evidence  of  the  matters  stated  in  such  certificate  and 
also  as  to  the  source  of  the  water  and  the  time  and  place  of 
taking,  and  of  all  matters  that  may  be  stated  in  said  certifi- 
cate. 
Expense  of  (38)    Sec.  5.    The  expense  of  the  investigation  and  analysis 

investigation.    ma<je  DV  the  state  board  of  health,  whenever  called  upon  by 
a  jurisdiction  wherein  a  corporation  other  than  municipal, 
partnership  or  individual  is  operating  a  public  water  plant 
shall  be  borne  by  the  locality,  and  shall  be  paid  for  at  the 
rate  of  five  dollars  per  day  and  necessary  traveling  expenses 
while  making  said  investigation  and  analysis,  and  shall  con- 
stitute a»  charge  against  the  city,  village  or  township  asking 
when  credited  for  sucn  investigation;  the  said  amount  of  five  dollars  to  be 
to  laboratory   covered  into  the  state  treasury  to  the   credit  of  the  state 
board  of  health  laboratory  fund  in  addition  to  the  amount 
already  appropriated. 
Plans  and  (39)    Sec.  6.    It  shall  be  the  duty  of  all  companies,  except 

where^ied18,  as  nerein  provided,  partnerships  or  individuals  now  or  here- 
after operating  water  works  systems  in  this  state  to  file  with 
the  clerk  of  the  city,  village  or  township  where  such  system 
is  operated  or  located  and  also  with  the  state  board  of 
health  a  true  copy  of  the  plans  and  specifications  of  the 
entire  system  owned  or  operated  by  such  corporation  other 
than  municipal,  partnership  or  individual  including  such 
filtration  or  other  purifying  plant  as  may  be  operated  by 
them,  and  also  plans  and  specifications  of  all    alterations. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  17 


additions  or  improvements  to  said  system  which  may  be 
made  by  such  corporation  other  than  municipal,  partnership 
or  individual  from  time  to  time.  The  plans  and  specifica-  what  to  show 
tions  herein  referred  to  shall,  in  addition  to  all  other  things, 
show  all  the  sources  through  or  from  which  water  is  or 
may  be  at  any  time  pumped  or  otherwise  permitted  or  caused 
to  enter  into  such  system.  Such  plans  and  specifications 
shall  be  certified  by  some  proper  officer  of  said  company  or 
by  some  individual  member  of  any  unincorporated  company, 
who  is  acquainted  with  the  facts.  If  within  sixty  days  after  False  or 
this  act  shall  take  effect  or  within  sixty  days  after  any  cor-  !E™Pe\ec.e 
poration  other  than  municipal,  partnership  or  individual 
shall  commence  to  operate  or  within  sixty  days  after  any 
alterations,  additions  or  improvements  shall  be  made  by  such 
corporation  other  than  municipal,  partnership  or  individual, 
any  corporation  other  than  municipal,  partnership  or  indi- 
vidual, subject  to  the  provisions  of  this  act  shall  fail  to  file 
a  copy  of  the  plans  and  specifications  as  provided  in  the 
preceding  section  or  shall  file  false  or  incomplete  copies  of 
such  plans  and  specifications,  such  corporation  other  than 
municipal,  partnership  or  individual  shall  be  subject  to  a 
penalty  of  twenty-five  dollars  for  each  and  every  day  it  shall  Per  diem 
fail  or  neglect  to  file  such  plans  and  specifications,  which  penalty- 
penalty  may  be  collected  in  any  court  of  competent  jurisdic- 
tion by  the  said  city,  village  or  township  in  which  such  plans 
and  specifications  should  be  filed  and  such  penalty  shall  be 
in  addition  to  all  other  penalties  in  this  act. 

(40)  Sec.  7.     The  words    "plans  and  specifications,"    as  certain 
used  in  this  act  shall  be  construed  to  mean  a  true  representa-  SUStrued, 
tion  of  the  entire  system  operated  by  such  corporation,  part- 
nership or  individual  as  the  same  shall  be  actually  in  use 

at  the  time  of  filing  the  same,  and  also  a  full  and  fair  state- 
ment of  how  the  same  is  operated. 

(41)  Sec.  8.   In  case  of  corporations  other  than  municipal,  Filtration 
partnerships  or  individuals    operating    filtration    plants    in  certain  to 
which  there  are  beds  or  other  appliances  to  be  cleansed,  it  report. 
shall  be  the  duty  of  such  companies  to  file  with  the  state 
board  of  health,  clerk  of  the  city,    village    or    township    in 
which  the  system  is  operated  an  annual  report  under  oath, 

on  or  before  the  first  day  of  January  of  each  year,  showing 
the  dates  on  which  and  the  number  of  times  such  beds  or 
appliances  were  cleansed  during  the  preceding  year.     Such 
report  shall  be  sworn  to  by  any  person  acquainted  with  the 
facts  and  employed  by  the  company  at  the  time  of  making 
said  report.    Any  person  making  a  false  statement  under  the  False 
provisions  of  this  section  shall  be  deemed  guilty  of  and  sub-  deemed"* 
ject  to  the  penalty   of  perjury.     Any   corporation,   partner-  penury- 
ship  or  individual  whose  duty  it  shall  be  to  file  the  report 
as  herein  provided  shall  be  subject  to  a  fine  of  fifty  dollars  Fine  and 
for  each  and  every  violation  thereof,  and  in  addition  thereto  Penaltv- 
a  penalty  of  fifty  dollars  to  be  recovered  in  any  court  of 


18 


STATE    OF    MICHIGAN. 


Violation  of 

act. 


competent  jurisdiction   by  the   city,   village   or   township  in 
which  such  system  is  operated. 

(42)  Sec.  9.  Any  corporation  other  than  municipal,  part- 
nership, company  or  individual  who  shall  violate  any  provi- 
sion of  this  act  where  no  other  penalty  is  provided  herein,  or 
who  shall  violate  or  fail  to  or  neglect  to  perform  or  comply 
with  any  rule  or  regulation  made  or  adopted  by  any  board  or 
officer  under  the  provisions  of  this  act,  shall  be  guilty  of  a 
misdemeanor  and  shall  be  punished  therefor  as  provided  by 
law. 


SANITARY  CONDITIONS  IN  RAILROAD  DEPOTS,  ETC. 

An   Act   to   provide   for  sanitary   conditions    in     railroad    passenger 
coaches  and  in  railroad  depots  and  vessels. 

[Act  210,  P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 


Expectora- 
tion. 


Penalty. 


Proviso, 
prosecution. 


Temperature, 

ventilation, 

etc. 


Drinking 
water 
Ice   in 
separate 
receptacle. 


Toilet    rooms, 
etc.,   care  of. 


Closets  at 
>t  at  ions. 


(43)  Section  1.  It  shall  be  unlawful  for  any  person  to 
expectorate  upon  the  floor,  platform  or  the  interior  furnish- 
ings, except  cuspidors,  of  a  steam  railroad,  passenger  or 
street  railway  car,  or  upon  the  floor,  furnishings,  registers 
or  radiators  of  any  passenger  station  or  public  waiting  room. 
Any  person  who  violates  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  of  nbt  more  than 
twenty-five  dollars  or  imprisoned  not  to  exceed  sixty  days, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court:  Provided,  however,  That  no  person  shall  be  prose- 
cuted under  the  provisions  of  this  section  unless  its  provi- 
sions are  posted  in  a  conspicuous  place  in  such  cars,  stations 
and  public  waiting  rooms,  and  suitable  cuspidors  are  fur- 
nished. 

(44)  Sec.  2.  It  shall  be  the  duty  of  railway  companies  to 
see  that  every  passenger  coach  is  kept  at  a  uniform  tempera- 
ture, not  less  than  sixty  nor  more  than  seventy  degrees,  and 
that  provision  for  ventilation  shall  be  constantly  in  use  to 
provide  a  sufficient  amount  of  fresh  air  for  the  passengers. 

(45)  Sec  3.  Every  passenger  coach  shall  be  provided 
with  a  supply  of  good  wholesome  drinking  water.  When  ice 
is  used  to  cool  the  water,  it  shall  be  kept  in  -a  separate  re- 
ceptacle. These  tanks  shall  be  thoroughly  cleaned  at  the 
terminus  of  every  I  rip,  and  shall  be  kept  constantly  covered. 

(46)  Sec  4.  All  toilet  rooms,  water  closets,  urinals  and 
toilet  appliances  in  railway  coaches  and  depots  are  to  be 
scrubbed  with  soap  and  hot  water  and  disinfected  with  an 
approved  disinfectant  each  day.  All  closets  (outhouses)  at 
railway  stations  shall  be  kept  clean  and  in  good  repair  to 
be  suitable  at  all  times  for  the  use  of  the  traveling  public. 
The  vaults  shall  receive  a  daily  treatment  of  fresh  lime  or 


LAWS    RELATING    TO    PUBLIC    HEALTH.  19 

other  approved  disinfectant,  and  the  contents  removed  at 
least  once  each  month. 

(47)  Sec.  5.  Every  passenger  coach  while  in  regular  use,  Disinfection 
shall  be  thoroughly  cleansed  and  disinfected  at  least  once  of  coaches- 
each  month.     If  a  car  becomes  infected  by  being  occupied  by 

a  person  having  a  dangerous  communicable  disease,  it  shall 

not  again  be  opened  for  the  reception   of  other  passengers 

than  the  ones  already  in  it;  and  at  the  end  of  the  trip  it  shall 

be  disinfected  before  it  is  again  used  for  passenger  traffic. 

In  cases  of  public  exposure  of  this  kind  on  railway  trains,  Report  of. 

it  shall  be  the  duty  of  the  railway  authorities  to  report  the 

facts   to  the   state  board   of  health,   giving  the  names  and 

destination  of  each  exposed  passenger  that  occupied  the  same 

car  as  the  infected  person. 

(48)  Sec.  6.     Every    passenger    coach    operating   in"  this  urinals, 
state,  and  every  vessel  navigating  upon  the  rivers  and  inland  apjwivai10of. 
lakes  of  the  state,  or  entering  her  lake  harbors,  shall  be  pro- 
vided with  urinals  and  closets  of  such  form  as  will  secure  the 
sterilization  of  all  discharges  entering  them;  and  the  same 

shall  be  known  d%  the  "Aseptic  closet  and  urinal."  The  form 
of  the  urinal  and  closet,  including  the  method  of  steriliza- 
tion, shall  have  the  approval  of  the  state  board  of  health 
before  adoption. 

(49)  Sec.  7.    In  case  any  railroad  or  vessel  company  oper-  Penalty  for 
ating  in  this  state,  shall  neglect  or  refuse  to  carry  out  the  Jct!ation  °f 
provisions  of  the  preceding  sections,  it  shall  be  liable  to  a 
penalty  of  one  hundred  dollars  and  cost  of  prosecution  for 

each  and  every  passenger  train  so  run,  to  be  sued  for  in  the 
name  of  the  people  of  the  state  of  Michigan. 


20 


STATE    OF    MICHIGAN. 


CHAPTER  II. 
LOCAL  BOARDS  OF  HEALTH, 


BOARDS   OF  HEALTH   IN   TOWNSHIPS. 


VACCINATION. 


BOARDS  OF  HEALTH   IN  VILLAGES  AND    RABIES   AMONG*  DOGS. 


CITIES. 

SPREAD  OF  COMMUNICABLE  DISEASES. 
QUARANTINE. 
TUBERCULOSIS. 
HOSPITALS. 


PASTEUR    TREATMENT    FOR    INDIGENT 

PERSONS. 
DISEASES   AMONG   CATTLE. 
POWERS   OF  VILLAGES. 
POWERS   OF  FOURTH   CLASS   CITIES. 


BOARDS  OF  HEALTH  IN  TOWNSHIPS. 


LR.   S.  1846,  Ch.  16.] 


coSstitmf  (50)    §-2343'     Sec.  70.     The  supervisor,  the  two  justices  of 

township         the  peace,  whose  term  of  office  will  soonest  expire,  and  town- 
board,  ship  clerk,  shall  constitute  the  township  board,  any  three  of 
whom  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. 

no!?enresentrum  (51)  §  ^4*  Sec'  71*  Wnen>  from  anJ  cause,  there  shall 
one  pfremain-  not  be  three  of  the  officers  constituting  such  boards  competent 
or  able  to  act,  one  of  the  remaining  justices,  on  being  notified 
by  any  member  of  said  board,  shall  meet  with  any  members 
of  the  board,  and  shall  have  the  same  authority  as  the  other 
members  of  the  board. 


ing  justices 
to  act 


Meeting  of 
hoard,    when 
held. 

Claims 
audited,  etc. 


Paid   by 
treasurer. 


A  member  of  the  board  who  is  interested  in  the  subject  for  consideration 
is  not  "competent  or  able  to  act,"  and  his  participation  vitiates  the  proceed- 
ings.— Stockwell  v.  White  Lake,  22  /  341.  But  such  is  not  the  case  where 
the  interest  of  the  officers  is  merely  that  of  tax-payers  and  residents  and  the 
the  business  to  be  transacted  is  the  public  administrative  business  of  their 
township,  in  which  no  man  can  be  found  not  interested  in  a  similar  way. — 
Clement  v.   Everest,   29  /  19. 

(52)  §  2345.  Sec.  72.  The  township  board  shall  meet  an- 
nually on  the  second  Tuesday  next  preceding  the  annual 
township  meeting  to  be  held  in  such  towTiship,  for  the  pur- 
pose of  auditing  and  settling  all  claims  against  the  .town 
ship;  and  they  shall  state  on  each  account  the  amount  al- 
lowed by  them ;  and  the  amounts  allowed  by  them  shall  be 
paid  by  the  treasurer,  on  the  order  of  the  board,  signed  b\ 
their  clerk,  And  countersigned  by  the  chairman  of  the  board. 


Am.    1905,   Act   149. 


[R.   S.    1846,   Ch.   86.] 


Hoard  of 
health. 


(53)  §  4410.  Section  1.  In  every  township  the  township 
hoard  shall  be  the  board  of  health.  The  supervisor  shall  be 
i  lie  president,  and  the  township  clerk  shall  be  the  clerk  of 
said  board.  The  clerk  shall  keep  a  record  of  the  proceedings 
of  the  board  in  a  book  to  be  provided  for  that  purpose  at  the 
expense  of  1 1 1 ;  *  township. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  21 

(54)  §  4411.     Sec.  2.    Every  board  of  health  shall  appoint  Health 
and  constantly  have  a  health  officer,  who  shall  be  a  well  edu-  officer 
cated  physician,    and   act  as  the    sanitary  adviser    and  an 
executive  officer  of  the  board :     Provided,  That  in  townships  Proviso  as  to 
where  it  is  not  practicable  to  secure  the  services  of  a  well 
educated  and  suitable  physician,  the  board  may  appoint  the 
supervisor  or  some  other  person  as  such  health  officer.     The  compensation, 
board  of  health  shall  establish  his  salary  or  other  compensa- 
tion, and  shall  regulate  and  audit  all  fees  and  charges  of  per- 
sons employed  by  them  in  the  execution  of  the  health  laws 

and  of  their  own  regulations,  except  as  hereinafter  provided 
in  section  fifteen  hereof  with  regard  to  dangerous  communi- 
cable diseases.  Within  thirty  days  after  the  annual  town-  When 
ship  meeting  in  each  year,  the  board  of  health  shall  meet  for  appointed, 
the  transaction  of  business,  and  shall  appoint  or  re-appoint 
a  health  officer,  and  shall  immediately  cause  to  be  trans- 
mitted to  the  secretary  of  the  state  board  of  health,  at  Lan- 
sings the  full  name  and  postoffice  address  of  such  health 
officer,  and  a  statement  whether  he  is  a  physician,  the  super- 
visor, or  some  other  person  not  a  physician.  A  special  meet- 
ing of  the  board  may  be  called  by  the  order  of  the  president 
or  of  any  two  members  of  said  board. 

Am.   1903.   Act   101. 

Section  15  above  referred  to  is  section  07  of  this  compilation. 
Payment    of    claims,     see    McKillop    v.     Supervisors,     110  /  014 ;      Tease     v. 
Saginaw   City,    120/440. 

Duties  of  health   officer,   see  compiler's  section  134. 

(55)  §  4112.     Sec.  3.   The  board  of  health  shall  make  such  Regulations 
regulations  and  by-laws  respecting  nuisances,  sources  of  filth  and  by_laws 
and  causes  of  sickness,  within  their  respective  townships,  and 

on  board  of  any  vessels  in  their  ports  or  harbors,  as  they 

shall  judge  necessary  for  the  public  health  and  safety,  and 

if  any  person  shall  violate  any  such  regulations  or  by-laws  violation  a 

he  shall  be  deemed  guilty  of  a  misdemeanor  and  on  convic-  mis  emeanor 

tion  thereof,  shall  be  punished  by  a  fine  not  exceeding  the 

sum  of  one  hundred  dollars,    or    by    imprisonment    in    the  Penalty  for. 

county  jail  not  exceeding  ninety  days,  or  by  both  such  fine 

and  imprisonment,  in  the  discretion  of  the  court. 

(56)  §  4413.  Sec.  4.  The  said  board  shall  also  make  Respecting 
such  regulations  as  they  may  deem  necessary  for  the  public  Jlpabte  of 
health  and  safety,  respecting  any  articles  which  are  capable  conveying 

j,  <••  .-Ci«  •  £  contagion,  etc. 

of  containing  or  conveying  any  infection  or  contagion,  or  of 
creating  any  sickness,  when  such  articles  shall  be  brought 
into,  or  conveyed  from  their  township,  or  into,  or  from  any 
vessel ;  and  if  any  person  shall  violate  any  such  regulation,  penalty. 
he  shall  forfeit  a  sum  not  exceeding  one  hundred  dollars. 

(57)  §  4414.     Sec.  5.    The  said  board  shall  also  make  all  Duty  of  board 
regulations  which  they  may  deem  necessary  for  the  interment  purchase6 of 
of  the  dead,  and  respecting  burying  grounds,  for  their  town-  "J^JjJJg 
ship;  and  it  shall  also  be  the  duty  of  said  board  to  purchase 

in  each  surveyed  township  so  much  land  for  burying  grounds 
as  shall  be  necessary  for  burying  the  dead  of  such  township, 


22  STATE    OF    MICHIGAN. 


provided  suitable  grounds  therefor  can  be  found  and  pro- 
cured within  the  township,  and  if  not,  they  shall  then  pro- 
vide such  grounds  in  the  nearest  adjoining  township  where 
such  suitable  grounds  can  be  procured. 

This  statute  makes  it  the  duty  of  the  township  board  of  health  to  provide 
and  maintain  burial  grounds,  but  contains  no  provisions  for  the  condemnation 
of  land  for  cemetery  purposes. — Board  of  Health  v.  Van  Hoesen,  87  /  534. 
See  also,  Upjohn  v.  Bd.  of  Health,  46/544;  Oneida  Twp.  v.  Allen,  137/224. 

land?in°t.rhu°Jtd         ^      §  4415*      SEC*  G*      The  b°ard  °f  health  °f  the  township 

'  for  which  such  burying  ground  shall  be  procured,  and  their 
successors  in  office,  shall  hold  the  fee  of  such  land  in  trust 

To  be  fenced,  for  such  township ;  and  they  shall  keep  the  same,  or  so  much 
thereof  as  shall  be  necessary,  surrounded .  with  a  good  and 

Expenses,  how  substantial  fence ;  the  expense  of  the  purchase  of  such  lands, 

prodded  for.  an(j  o£  fencjng  an(j  regulating  the  same,  to  be  certified  to  the 
town  board  by  the  board  of  health,  and  by  the  town  board 
provided  for  as  a  part  of  the  contingent  expenses  of  the  town- 

Proviso.  ship:     Provided,  however,  That  the  board  of    health  •may, 

whenever  they  think  it  desirable,  sell  and  convey  single  or 
family  burial  lots  in  said  township  burying  grounds  to  such 
person  or  persons  as  may  desire  to  procure  the  same,  and 
apply  the  proceeds  thereof  towards  the  purchase  or  improve- 
ment of  said  grounds,  certifying  the  amount  of  all  such  sales 
and  expenditures  to  the  township  board,  as  above  provided : 

idem.  Provided,  further,  That  before  said  board  of  health  shall  sell 

or  offer  to  sell  any  lot  or  lots  as  above  provided,  they  shall 
cause  said  burying  ground  to  be  laid  out  in  such  form  as 
they  may  choose,  and  cause  two  maps  thereof  to  be  made, 
which  maps  shall  accurately  describe  the  lands  belonging  to 
such  burying  grounds,  its  boundaries  and  location,  with  the 
lots  or  subdivisions  named  or  numbered  thereon,  and  also 
their  size,  situation,  and  extent,  with  the  width,  extent,  and 
location  of  all  the  streets,  alleys,  or  walks  in  such  burying 
ground,  which  maps  shall  be  prepared  under  the  supervision 
and  direction  of  the  health  officer  and  clerk  of  said  board 
of  health,  and  certified  by  them  to  be  a  correct  map  of  the 
said  burying  ground.  One  of  said  maps  shall  be  filed  with 
the  clerk  of  said  board  of  health  and  the  other  with  the 
register  of  deeds  of  the  county  in  which  such  burying  ground 
is  situated. 

Notice  of  (59)    §  4410.     Sec.  7.    Notice  shall  be  given  by  the  board 

^piVbHshed.  of  health  of  all  regulations  made  by  them,  by  publishing  the 
same  in  some  newspaper  of  the  township,  if  there  be  one 
published  therein,  and  if  not,  then  by  posting  them  up  in 
five  public  places  in  such  township;  and  such  notice  of  said 
regulations  shall  be  deemed  legal  notice  to  all  persons. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  23 

BOARDS  OF  HEALTH   IN  CITIES  AND  VILLAGES. 

[R.    S.    1846,    Ch.    35.] 

(60)  §  4459.     Sec.  49.     The  mayor  and  aldermen  of  each  Board  of 

.      v       ;      a       ,  ,    ,_  .,     J.  _  ..  .  health  in  cities 

incorporated  city,  and  the  president  and  council,  or  trustees  and  villages, 
of  each  incorporated  village  in  this  state,  in  which  no  board  SjJStttute. 
of  health  is  organized  under  its  charter,  shall  have  and  exer- 
cise all  the  powers  and  perform  all  the  duties  of  a  board  of 
health  as  provided  in  this  chapter,  within  the  limits  of  the 
cities  or  villages,  respectively,  of  which  they  are  such  offi- 
cers. The  provisions  of  this  chapter,  and  the  amendments 
thereto,  shall,  as  far  as  applicable,  apply  to  all  cities  and 
villages  in  this  state,  and  all  duties  which  are,  by  the  pro- 
visions of  this  chapter,  to  be  performed  by  the  board  of 
health  of  townships,  or  by  the  officers  and  inhabitants 
thereof,  shall  in  like  manner  be  performed  by  the  board  of 
health  and  the  officers  and  inhabitants  of  such  cities  and 
villages,  with  a  like  penalty  for  the  non-performance  of  such 
duties,  excepting  in  cases  where  the  charters  of  such  cities 
and  villages  contain  provisions  inconsistent  herewith. 

The    chapter    referred   to    in    this    section    is    chapter    46,    C.    L.    1871.      See 
sections   4410-4458,   C.    L.,   1897. 

Detroit  Board  of  Health,  establishment  of,  see  Act  10  of  1895. 

SPREAD  OF  COMMUNICABLE  DISEASES. 

[R.    S.    1846,    Ch.    35.] 

(61)  §  4450.     Sec.  41.     When  the  small-pox,  or  any  other  Board  to 
disease  dangerous  to  the  public  health,  is  found  to  exist  in  ^Jad^f116 
any  township,  the  board  of  health  shall  use  all  possible  care  dangerous 
to  prevent  the  spreading  of  the  infection,  and  to  give  public 

notice  of  infected  places  to  travelers,  by  such  means  as  in 
their  judgment  shall  be  most  effectual  for  the  common  safety. 

Nicholson   v.   Detroit,   129/246. 

(62)  §  4452.     Sec.  43.     Whenever  any  householder,  hotel  Householders 
keeper,  keeper  of  a  boarding  house,  or  tenant,  shall  know,  or  *J  Sisease?tice 
shall  be  informed  by  a  physician,  or  shall  have  reason  to  be- 
lieve that  any  person  in  his  family,  hotel,  boarding  house  or 
premises,  is  taken  sick  with  small-pox,   cholera,  diphtheria, 

scarlet  fever,  or  any  other  disease  dangerous  to  the  public 
health,  he  shall  immediately  give  notice,  in  writing,  thereof 
to  the  health  officer  of  the  township,  city  or  village  in  which 
he  resides.  Said  notice  shall  state  the  name  of  the  person 
sick,  the  name  of  the  disease,  if  known,  the  name  of  the 
householder,  hotel  keeper,  keeper  of  boarding  house  or  tenant 
giving  the  notice,  and  shall,  by  street  and  number,  or  other- 
wise, sufficiently  designate  the  house  in  which  he  resides  or 


24 


STATE    OF    MICHIGAN. 


Penalty  for 
neglect. 


Proviso  as  to 
penalty. 


Penalty  on 
physician 
neglecting  to 
give  notice. 


the  room  in  which  the  sick  person  may  be;  and  if  he  shall 
refuse  or  wilfully  neglect  immediately  to  give  such  notice,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  he  shall  be  punished  by  a  fine  of  not  exceeding 
one  hundred  dollars  and  costs  of  prosecution;  or  in  default 
of  payment  thereof,  by  imprisonment  not  exceeding  ninety 
days  in  the  county  jail,  in  the  discretion  of  the  court:  Pro- 
vided, That  such  fine  or  imprisonment  shall  not  be  enforced 
if  the  physician  in  attendance  has  given  to  the  health  officer 
or  other  officer  hereinbefore  mentioned  an  immediate  notice 
of  said  sick  person  and  true  name  of  the  disease,  in  accord- 
ance with  the  requirements  of  this  section. 

(63)  §  4453.  Sec.  44.  Whenever  any  physician  shall 
know  that  any  person  whom  he  is  called  to  visit,  or  who  is 
brought  to  him  for  examination,  is  infected  with  small-pox, 
cholera,  diphtheria,  scarlet  fever,  or  any  other  disease  dan- 
gerous to  the  public  health,  he  shall  immediately  give  notice 
thereof  to  the  health  officer  of  the  township,  city  or  village, 
in  which  the  sick  person  may  be;  and  to  the  householder, 
hotel  keeper,  keeper  of  a  boarding  house,  or  tenant  within 
whose  house  or  rooms  the  sick  person  may  be.  The  notice 
to  the  officer  of  the  board  of  health  shall  state  the  name  of 
the  disease,  the  name,  age  and  sex  of  the  person  sick,  also 
the  name  of  the  physician  giving  the  notice;  and  shall,  by 
street  and  number,  or  otherwise,  sufficiently  designate  the 
house  or  room  in  which  said  person  sick  may  be.  And  every 
physician  and  person  acting  as  a  physician,  who  shall  refuse 
or  neglect  immediately  to  give  such  notice  shall  forfeit  for 
each  such  offense  a  sum  not  less  than  ten  nor  more  than  fifty 
dollars:  Provided,  That  this  penalty  shall  not  be  enforced 
against  a  physician  if  another  physician  in  attendance  has 
given  to  the  health  officer,  or  other  officer  hereinbefore  men- 
tioned, an  immediate  notice  of  said  sick  person,  and  the  true 
name  of  the  disease,  in  accordance  with  the  requirement  of 
this  section. 


People  v.  Brady,  90/459. 

Consumption.— See    People   v.    Shurly,    124/646,    131/179. 


Compensation 
to   pnysician. 


(64)  §  4454.  Sec.  50.  For  each  complete  notice  in  writ- 
ing to  an  officer  of  the  board  of  health,  in  full  compliance 
with  the  preceding  section,  requiring  from  physicians,  or 
other  person,  notices  of  diseases  dangerous  to  the  public 
health,  the  physician  who  gave  the  notice  shall  be  entitled, 
on  duly  certifying  that  each  notice  was  correct,  and  when 
the  bill  has  been  duly  audited  by  the  boa'rd  of  health,  to  re- 
ceive from  the  township,  city,  or  village,  in  which  the  notice 
was  given,  the  sum  of  ten  cents. 

This   section    50    was   added   by    an   act    which   at    the   same   time   amended 
18  ami    n.   so  that    the  "preceding  section"  referred  to  herein  Is  section 


LAWS    RELATING    TO    PUBLIC    HEALTH.  25 


An  Act  to  prevent  the  spread  of  dangerous  communicable   diseases, 
by  providing  for  the  punishment  of  wilful  offenders. 

[Act  15,   P.   A.    1891.] 

The  People  of  the  State  of  Michigan  enact: 

(65)  §  4473.  Section  1.  That  no  person  affected  with  J|gJJJ  with 
small-pox,  diphtheria  or  scarlet  fever,  shall  wilfully  enter  a  communicable 
public  place  or  a  public  conveyance,  nor  shall  in  any  way  hiblted8  from 
wilfully  subject  another  person  to  danger  of  contracting  such  PubeiiCngpiaces 
disease ;   no  person   shall   knowingly  and   wilfully  take,  aid  etc.  , 

in  taking,  or  cause  to  be  taken,  a  child  or  other  irresponsible 
person,  while  affected  with  any  of  the  aforesaid  diseases,  into 
a  public  place  or  public  conveyance,  nor  in  any  way  know- 
ingly and  wilfully  subject  another  person  to  danger  of  con- 
tracting any  one  of  the  aforesaid  diseases  from  such  child 
or  irresponsible  person;  no  person  shall  knowingly  and  wil- 
fully subject  another  person  to  danger  of  contracting  any 
of  the  aforesaid  diseases  from  the  body  of  a  person  deceased 
therefrom;  no  person  shall  in  any  way  knowingly  and  wil- 
fully expose,  aid  in  exposing,  or  cause  to  be  exposed  a  child 
or  other  irresponsible  person,  to  danger  of  contracting  any 
one  of  the  aforesaid  diseases :  Provided,  That  this  section  proViso. 
shall  not  apply  to  necessary  transportation  of  patients  suffer- 
ing from  such  diseases  in  proper  vehicles  provided  for  such 
purposes. 

(66)  §  4474.     Sec.  2.     Whoever  shall  violate  any  of  the  violation  a 
provisions  of  section  one  of  this  act  shall  be  deemed  guilty  ™enaftyeanor' 
of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  less  than  twenty-five  dollars,  nor  more 

than  one  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  twenty  days,  nor  more  than  ninety  days. 

[R.    S.   1846,   Ch.   35.] 

(67)  §  4424.    Sec.  15.    When  any  person  coming  from  out-  when  person 
side  the  county  or  residing  in  any  township,  city  or  village  SuMaStined. 
within  this  state  shall  be  infected  or  shall  lately  before  have 

been   infected  with   a  dangerous   communicable   disease,   the 
board  of  health  of  the  township,  city  or  village  where  such  Duty  of 
person  may  be  shall  make  effectual  provision  in  the  manner  {JSith.of 
in  which  it  shall  judge  best  for  the  safety  of  the  inhabitants, 
and  it  may  remove  such  sick  or  infected  person  to  a  separate 
house  if  it  can  be  done  without  danger  to  his  health,  and 
shall   provide   nurses   and   other   assistance   and   necessaries 
which  shall  be  at  the  charge  of  the  person  himself,  his  pa- 
rents or  other  persons  who  may  be  liable  for  his  support,  if 
able:     Provided,  If  such  person,  his  parents  or  other  person  proViso. 
who  may  be  liable  for  his  support,  be  not  able  to  pay  for 
such   assistance   and   necessaries,   the  board  of  health   shall 
keep    an    itemized    and    separate   statement    of   expenses    in- 
4 


26 


STATE    OF    MICHIGAN. 


curred  for  each  and  every  person  cared  for  under  this  sec- 
tion and  shall  render  such  statement  to  the  board  of  super- 
visors of  the  county  by  filing  the  same  with  the  county  clerk. 
supervisors  to  The  said  board  of  supervisors  shall,  as  soon  as  may  be,  pro- 

audit   claims.    (jeed    tQ    audit   the   gaid   ^    flnd    .f   foimd   thftt   the  expenses 

were  necessarily  incurred,  the  services  actually  and  neces- 
sarily performed  and  the  amounts  claimed  for  such  expenses 
and  services  are  severally  just  and  reasonable  under  the  cir- 
cumstances, the  said  board  of  supervisors  shall  allow  the 
same  or  such  parts  thereof  as  the  majority  of  the  members 
elect  of  said  board  shall  deem  just,  and  provide  for  their 
immediate  payment  by  the  said  county;  and  in  auditing  such 
•  accounts  said  several  boards  of  supervisors  shall  have  full 
power  to  examine  into  the  merits  of  all  claims  presented 
to  them  in  accordance  with  the  provisions  herein  contained, 
and  may  subpoena  witnesses  and  take  any  other  measures 
necessary  to  arrive  at  the  truth  of  the  same;  and  the  said 
board  of  supervisors  is  hereby  empowered,  if  necessary,  to 
issue  orders  or  borrow  money  on  the  faith  and  credit  of  the 
county  to  pay  all  such  necessary  bills  and  expenses  and  to 
include  the  same  in  the  next  appropriation  of  money  to  be 
raised  by  taxation  in  said  county:  Provided,  The  board  of 
supervisors  or  county  board  of  auditors  shall  fix  the  maxi- 
mum fee  and  mileage  for  medical  attendance  upon  contagious 
diseases  chargeable  to  the  county,  and  shall  authorize  the 
superintendents  of  the  poor,  upon  the  application  of  any 
board  of  health  of  a  township,  city  or  village,  to  contract 
with  a  physician  or  physicians  to  attend  contagious  diseases. 


Payment   of 
claims. 


Proviso,   fee 
lor  mileage 
arid  medical 
attendance. 


Am.   1903,  Act  7  ;.  1909,  Act  98. 

Reference  to  local  acts,  making  special  provisions  for  the  payment  of  con- 
tagious disease  claims,  may  be  found   in  Chapter  VIII  of  this  compilation. 

PHYSICIANS'  CLAIMS :  When  a  physician  has  presented  a  bill  to  a 
county  for  services  rendered  to  indigent  persons,  his  bill  has  been  audited, 
and  he  has  received,  without  protest,  the  amount  allowed,  he  is  estopped 
to  claim  balance  as  services  rendered  under  this  section. — Browne  v.  Super- 
visors, 126  /  276.  Where  a  health  officer  has  been  called  in  consultation  by 
another  physician  to  determine  whether  the  patient  is  affected  with  a  dan- 
gerous communicable  disease,  he  renders  his  services  as  health  officer  under 
section  134  and  not  this  section.  He  is  therefore  entitled  to  compensation 
under  section  136  and  not  under  this  section. — Id.  Liability  of  county,  see 
Zimmerman  v.  Supervisors,  133  /  494 ;  Pierce  v.  Gladwin  Supervisors,  136  / 
423. 

HEALTH  OFFICERS :  It  is  not  necessary  that  a  health  officer  should 
have  a  previous  express  agreement  with  the  board  of  health  for  his  services 
in  treating  persons  sick  with  contagious  diseases,  if  the  board  knew  that 
they  were  being  rendered,  and  afterwards  allowed  his  bill. — Cedar  Creek  v. 
Wexford  Supervisors,  135  /124. 

BOARD  OF  HEALTH :  A  village  cannot  bind  the  county  by  voluntary 
donations  to  its  health  officer,  over  and  above  charges  preferred  by  him  for 
specific  services.  That  the  health  board  shall  keep  and  render  an  itemized 
and  separate  statement  of  expenses  incurred  in  caring  for  each  person  is 
mandatory. — Durand  v.  Shiawassee  Supervisors,  132  /  448.  Itemized  account 
of  expenses,  see  Cedar  Creek  v.  Wexford  Supervisors,  135  / 124.  Employ- 
ment of  nurses   for  a  family  quarantined. — Rohn  v.   Osmun,   143  /  69. 

BOARDS  OF  SUPERVISORS :  Where  expenses  are  Incurred  in  the  case 
of  an  indigent  person  afflicted  with  a  contagious  disease,  it  is  not  'necessary 
that  the  municipality  first  pay  the  claim  and  then  present  it  to  the  board 
of  supervisors,  but  the  claimant  may  make  his  claim  direct  to  the  board 
in  the  first  Instance. — Bishop  v.  Ottawa  Supervisors.  140  / 177.  Boards  of 
supervisors  have  no  power  to  reject  a  claim  for  services  rendered  by  order 
of  a  local  board  of  health  without  giving  the  claimant  an  opportunity  to.  be 
heard  and  to  present  proof  in  its  support. — Id.  Boards  of  supervisors  are 
not  authorized  to  substitute  their  Judgment  in  place  of  that  of  the  board 
of  health  as  to  whether  a  person  had  a  dangerous  communicable  disease. — 
Thomas  v.  Ingham  Supervisors.  142  /  319.  Claims  for  care  of  non-resident 
patients. — Supervisors    v.    Supervisors,    144/52.      A    county    is    not    liable    for 


LAWS    RELATING    TO    PUBLIC    HEALTH.  27 

articles  of  furniture  supplied  by  a  dealer  at  the  request  of  the  city  board 
of  health  to  take  the  place  of  similar  articles  belonging  to  an  indigent  person 
destroyed  by  said  board  to  prevent  the  spread  of  smallpox  ;  the  claim,  if  any, 
should  be  made  by  the  owner  of  the  articles  destroyed. — Baar  v.  Supervisors, 
151/505.  The  county  is  liable  for  formaldehyde  furnished  upon  order  of 
the   city   board   of  health. — Id. 

(68)     §  4425.     Sec.  16.     If  any  such  infected  person  can- Provision  in 
not  be  removed  without  danger  to  his  health,  the  board  of  pSsons  ec 
health  shall  make  provision  for  him  as  directed  in  the  pre-  removed56 
ceding  section,  in  the  house  in  which  he  may  be,  and  in  such 
case  they  may  cause  the  persons  in  the  neighborhood  to  be 
removed,  and   may  take  such  other  measures  as  they   may 
deem  necessary  for  the  safety  of  the  inhabitants. 

Elliott    v.    Kalkaska    Supervisors,    58  /  454 ;    St.    Johns   v.    Supervisors,    118  / 
203. 


INSPECTION  OF  TRAVELERS,  AND  LOCAL  QUARANTINE. 

(69)  §  4426.     Sec.  17.     The  board  of  health  of  any  town-  Board  may 
ship  near  to,   or  bordering  upon  either  of  the  neighboring  [ravelin 
states,  may  appoint,  by  writing  under  their  hands,  suitable  P°ini?gd  from 
persons  to  attend  any  places  by  which  travelers  may  pass,  districts, 
from  infected  places  in  other  states;  and  the  persons  so  ap- 
pointed may  examine  such  passengers  as  they  may  suspect 

of  bringing  with  them  any  infection  which  may  be  dangerous 
to  the  public  health,  and  if  need  be,  may  restrain  them  from 
traveling  until  licensed  thereto  by  the  board  of  health  of  the 
township  to  which  such  persons  may  come;  and  any  person 
coming  from  such  infected  place,  who  shall,  without  license, 
as  aforesaid,  travel  within  this  state,  unless  it  be  to  travel 
by  the  most  direct  way  to  the  state  from  whence  he  came, 
after  he  shall  be  cautioned  to  depart  by  the  persons  ap- 
pointed as  aforesaid,  shall  forfeit  a  sum  not  exceeding  one 
hundred  dollars. 

(70)  §  4427.    Sec.  18.    Any  two  justices  of  the  peace  may,  Removal  of 
if  need  be,  make  out  a  warrant  under  their  hands,  directed  fn/^ted. 

to  the  sheriff,  or  any  constable  of  the  county,  requiring  him, 
under  the  direction  of  the  board  of  health,  to  remove  any 
person  infected  with  contagious  sickness,  or  to  take  posses- 
sion of  convenient  houses  and  lodgings,  and  to  provide 
nurses,  attendants,  and  other  necessaries,  for  the  accommo- 
dation, safety,  and  relief  of  the  sick. 

(71)  §  4428.     Sec.  19.     Whenever,  on  the  application  of  infected 
the  board  of  health,  it  shall  be  made  to  appear  to  any  justice  cioSg!  and 
of  the  peace  that  there  is  just  cause  to  suspect  that  any  bag-  goods,  how 
gage,  clothing,  or  goods  of  any  kind  found  within  the  town-  s 

ship,  are  infected  with  any  disease  which  may  be  dangerous 
to  the  public  health,  such  justice  of  the  peace  shall,  by  war- 
rant under  his  hand,  directed  to  the  sheriff,  or  any  constable 
of  the  county,  require  him  to  take  with  him  as  many  men  as 
the  said  justice  shall  deem  necessary  to  secure  such  baggage, 
clothing,  or  other  goods,  and  to  post  said  men  as  a  guard 


STATE    OF    MICHIGAN. 


over  the  house,  or  place  where  such  baggage,  clothing,  or 
other  goods  shall  be  lodged,  which  guard  shall  take  effectual 
care  to  prevent  any  person  removing,  or  coming  near  to  such 
baggage,  clothing,  or  other  goods,  until  due  inquiry  be.  made 
into  the  circumstances  thereof. 

(72)  §  4429.  Sec.  20.  The  said  justice  may  also,  by  the 
same  warrant,  if  it  shall  appear  to  him  necessary,  require 
the  said  officer,  under  the  direction  of  the  board  of  health, 
to  impress  and  take  up  convenient  houses  or  stores,  for  the 
safe,  keeping  of  such  baggage,  clothing,  or  other  goods;  and 
the  board  of  health  may  cause  them  to  be  removed  to  such 
houses  or  stores,  or  to  be  otherwise  detained  until  they  shall, 
in  the  opinion  of  said  board  of  health,  be  freed  from  infec- 
tion. 


Impressing 
houses,  etc., 
for  keeping 
infected 
goods. 


Powers  of 
officer 
executing 
warrant. 


Charges  to  be 
paid  by  owner. 


Compensation 
for  houses, 
nurses,  etc. 


(73)  §  4430.  Sec.  21.  Such  officer,  in  the  execution  of 
such  warrant,  shall,  if  need  be,  break  open  any  house,  shop, 
or  any  other  -place  mentioned  in  said  warrant,  where  such 
baggage,  clothing,  or  other  goods  shall  be;  and  he  may  re- 
quire such  aid  as  shall  be  necessary  to  effect  the  execution 
of  the  warrant ;  and  all  persons  shall,  at  the  command  of  any 
such  officer,  under  a  penalty  not  exceeding  ten  dollars,  assist 
in  the  execution  of  the  warrant,  if  able  to  do  so. 

(74)  §  4431.  Sec  22.  The  charges  of  securing  such  bag- 
gage, clothing,  or  other  goods,  and  of  transporting  and  puri- 
fying the  same,  shall  be  paid  by  the  owner  or  owners  thereof, 
at  such  rates  and  prices  as  shall  be  determined  by  the  board 
of  health. 

(75)  §  4432.  Sec  23.  Whenever  the  sheriff  or  other  offi- 
cer shall  take  possession  of  any  houses,  stores,  lodgings,  or 
other  necessaries,  or  shall  employ  any  nurse  or  attendants, 
as  provided  in  this  chapter,  the  several  parties  interested 
shall  be  entitled  to  a  just  compensation  therefor,  to  be  paid 
by  the  county  in  which  such  persons  or  property  shall  have 
been  so  employed  or  taken  possession  of. 

Farnsworth   v.   Supervisors,   5G  /  640. 


When, 
prisoners 
attacked    with 
dangerous 
disease  may 
be  removed. 


Prisoners 
removed  to 
be  returned, 
and  not  to  be 
considered  as 
having 
escaped. 


(76)  §  4433.  Sec  24.  Whenever  any  person  confined  in 
any  common  jail  shall  be  attacked  with  any  disease,  which, 
in  the  opinion  of  the  physician  of  the  board  of  health,  or  of 
such  other  physicians  as  they  may  consult,  shall-  be  consid- 
ered dangerous  to  the  safety  and  health  of  the  other  prison- 
ers, or  of  the  inhabitants  of  the  township,  the  board  of  health 
shall,  by  their  order  in  writing,  direct  the  removal  of  such 
person  to  some  hospital  or  other  place  of  safety,  there  to  be 
provided  for  and  securely  kept,  so  as  to  prevent  his  escape, 
until  their  further  orders;  and  if  such  prisoner  shall  recover 
from  the  disease,  he  shall  be  returned  to  such  jail. 

(77)  §  4434.  Sec  25.  If  the  person  so  removed  shall  have 
been  committed  by  order  of  any  court,  or  under  any  judicial 
process,  the  order  for  his  removal,  or  a  copy  thereof,  at- 
tested by  the  presiding  member  of  said  board  of  health,  shall 


LAWS    RELATING    TO    PUBLIC    HEALTH.  29 

be  returned  by  him,  with  the  doings  thereon,  into  the  office 
of  the  clerk  of  the  circuit  court  for  the  county;  and  no  pris- 
oner, removed  as  aforesaid,  shall  be  considered  as  thereby 
having  committed  an  escape. 

(78)    §  4435.     Sec.  26.     Whenever  any  pestilence  or  conta-  whensuper- 
gious  disease  shall  break  out  in  any  county  poor  house  in  pnoo"mayS  °f 
this  state,  or  in  the  vicinity  thereof,  and  the  physician  to  pee™0fre0£au~ 
such  county  poor  house,  or  such  other  physician  as  the  su-  poor  houses. 
perintendents  may  consult,  shall  certify  that  such  pestilence 
or  disease  is  likely  to  endanger  the  health  of  the  persons  sup- 
ported at  such  poor  house,  the  superintendents  of  such  county 
poor  house  shall  cause  the  persons  there  supported,  or  any  of 
them,  to  be  removed  to  some  other  suitable  place  in  the  same 
county,  and  there  to  be  maintained  and  provided  for  at  the 
expense  of  the  county,  with  all  necessary  medical  attendance 
and  care,  until  they  can  safely    be  returned    to    such    poor 
house,  or  otherwise  discharged. 


QUARANTINE  REGULATIONS. 

An  Act  to  prevent  the  introduction  of  a  dangerous  communicable 
disease  in  any  township,  city  or  village  in  Michigan,  except  under 
specified  regulations. 

[Act  45,   P.  A.   1895.] 

The  People  of  the  State  of  Michigan  enact: 

(79)  §  4471.     Section  1.    No   person   sick   with    cholera,  Special  permit 
smallpox,  diphtheria,  scarlet  fever  or  any  other  communicable  Seiith"1  °f 
disease  dangerous  to  the  public  health,  and  no  article  which 

has  been  infected  or  is  liable  to  propagate  or  convey  any  such 
disease,  shall  come  or  be  brought  into  any  township,  city  or 
village  in  Michigan,  without  the  special  permit  of  the  board 
of  health  or  of  the  health  officer  of  said  township,  city,  or  vil- 
lage, and  then  only  under  the  supervision  of  the  health  officer 
of  said  township,  city  or  village. 

Am.  1909,  Act  243. 

A  city  has  no  authority  to  bring  patients  infected  with  dangerous  com- 
municable diseases  within  a  township,  where  it  has  a  hospital,  without  first 
obtaining  consent  therefor  from  the  proper  oflicers  of  the  township. — Sum- 
mit Twp.  v.   Jackson  City,  154/37. 

(80)  §  4472.    Sec.  2.    Whoever  shall  violate  the  provisions  penalty  for 
of  section  one  of  this  act,   or  the  order  of   the  health  officer  violation, 
made  in  pursuance  thereof,  shall,  on  conviction,  be  deemed 

guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  exceeding  three  months,  or  by  both  said 
fine  and  imprisonment. 


30 


STATE    OF    MICHIGAN. 


Township 
quarantine. 


[R.    S.    1846,   Ch.   35.] 

(81)  §  4436.  Sec.  27.  Any  township  may  establish  a 
quarantine  ground  in  any  suitable  place,  either  within  or 
without  its  own  limits:  Provided,  That  if  such  place  shall 
be  without  its  limits,  the  assent  of  the  township  within  whose 
limits  it  may  be  established  shall  be  first  obtained  therefor. 

References    to    special    acts    for    the    establishment    of    quarantine    grounds, 
hospitals,  pest  houses,  etc.,  may  be  found  in  Chapter  VIII  of  this  compilation. 


Quarantine  for 
two  or  more 
townships. 


Quarantine  in 
townships 
bordering  on 
certain  lakes, 
rivers,  etc. 


Quarantine 
regulations  to 
extend  to 
persons  and 
goods  in 
vessels. 

Penalty  for 
violating 
quarantine 
regulations. 


Vessels  in 
certain  cases 
to  be  removed 
to  quarantine 
ground,  etc. 


Master,  etc., 
to  answer  on 
oath  in  regard 
to  infections. 


(82)  §  4437.  Sec.  28.  Any  two  or  more  townships  may, 
at  their  joint  expense,  establish  a  quarantine  ground  for  their 
joint  use,  either  within  or  without  their  own  limits:  Pro- 
vided, That  if  such  place  shall  be  without  their  limits,  they 
shall  first  obtain  the  assent  of  the  township  within  whose 
limits  the  same  may  be. 

(83)  §  4438.  Sec.  29.  The  board  of  health  in  each  town- 
ship in  this  state  bordering  upon  Lake  Michigan,  Lake  Su- 
perior, Lake  Huron,  Lake  St.  Clair,  or  Lake  Erie,  or  upon 
any  of  the  principal  rivers  or  straits  connecting  together  any 
of  the  said  lakes,  or  bordering  upon  any  navigable  waters 
uniting  with  any  of  the  said  lakes,  rivers  or  straits,  may  from 
time  to  time  establish  the  quarantine  to  be  performed  by  all 
vessels  arriving  within  the  limits  of  such  townships,  and  may 
make  such  quarantine  regulations  as  they  shall  judge  neces- 
sary for  the  health  and  safety  of  the  inhabitants. 

(84)  §  4439.  Sec.  30.  The  quarantine  regulations  so  es 
tablished  shall  extend  to  all  persons,  and  all  goods  and 
effects,  arriving  in  such  vessels,  and  to  all  persons  who  may 
visit  or  go  on  board  of  the  same. 

(85)  §  4440.  Sec.  31.  The  said  quarantine  regulations, 
after  notice  shall  have  been  given  in  the  manner  before  pro- 
vided in  this  chapter,  shall  be  observed  and  complied  with  by 
all  persons;  and  any  person  who  shall  violate  any  such  regu- 
lations, shall  forfeit  a  sum  not  less  than  five  dollars  and  not 
more  than  five  hundred  dollars. 

(86)  §  4441.  Sec.  32.  The  board  of  health  in  each  town- 
ship bordering  upon  any  of  the  lakes,  rivers,  straits,  or  other 
navigable  waters  hereinbefore  mentioned,  may  at  all  times 
cause  any  vessel  arriving  within  the  limits  of  the  township, 
when  such  vessel  or  the  cargo  thereof  shall,  in  their  opinion, 
be  foul  or  infected,  so  as  to  endanger  the  public  health,  to  be 
removed  to  the  quarantine  ground,  and  to  be  thoroughly  puri- 
fied, at  the  expense  of  the  owners,  consignees,  or  persons  in 
possession  of  the  same;  and  they  may  also  cause  all  persons 
arriving  in,  or  going  on  board  of  such  infected  vessel,  or 
handling  such  infected  cargo,  to  be  removed  to  any  hospital 
under  the  care  of  the  said  board  of  health,  there  to  remain 
under  their  orders. 

(87)  §  4442.  Sec.  33.  If  any  master,  seaman,  or  pas- 
senger, belonging  to  any  vessel,  on  board  of  which  any  infec- 
tion may  I  lien  be,  or  may  have  lately  been,  or  which  may  have 


LAWS    RELATING    TO    PUBLIC    HEALTH.  31 

been  at,  or  which  may  have  come  from  any  port  or  place 
where  any  infectious  disease  prevails,  that  may  endanger  the 
public  health,  shall  refuse  to  answer  on  oath,  to  be  admin- 
istered by  any  member  of  such  board,  such  questions  as  may 
be  asked  him,  relating  to  such  infection  or  disease,  by  any 
member  of  the  board  of  health  of  the  township  to  which  such 
vessel  may  come,  such  master,  seaman,  or  passenger,  so  re 
fusing,  shall  forfeit  a  sum  not  exceeding  two  hundred  dol- 
lars; and  in  case  he  shall  not  pay  such  sum,  he  shall  suffer 
six  months  imprisonment. 

(88)    §  4443.     Sec.  34.     All  expenses    incurred  on  account  Expenses  by 
of  any  person,  vessel  or  goods,  under  any  quarantine  regula-  p^g™  t0 
tions,  shall  be  paid  by  such  person,  or  by  the  owner  of  such 
vessel  or  goods  respectively. 


TUBERCULOSIS. 

An  Act  defining  the  powers  and  duties  of  local  health  officers  and 
boards  of  health  in  the  matter  of  the  protection  of  the  people  of 
the  state  of  Michigan  from  the   disease  known  as  tuberculosis. 

[Act   27,    P.   A.    1909.1 

The  People  of  the  State  of  Michigan  enact: 

(89)  Section  1.  Keports  by  physicians  and  others. — Tu- 
berculosis is  hereby  declared  to  be  an  infectious  and  com- 
municable disease.  It  shall  be  the  duty  of  every  physician 
in  the  state  of  Michigan  to  report  in  writing  on  a  form  to  be 
furnished  as  hereinafter  provided,  the  name,  nativity,  age, 
sex,  color,  occupation,  place  where  last  employed  if  known, 
and  address,  of  every  person  known  by  said  physician  to  have 
tuberculosis,  to  the  health  officer  of  the  township,  city  or 
yillage  in  which  said  person  resides,  within  twenty-four  hours 
after  such  fact  comes  to  the  knowledge  of  said  physician. 
It  shall  also  be  the  duty  of  the  chief  officer  having  charge 
for  the  time  being  of  any  hospital,  dispensary,  asylum  or 
other  similar  private  or  public  institution  in  said  state  of 
Michigan,  to  report  in  like  manner  the  name,  nativity,  age, 
sex,  color,  occupation,  place  where  last  employed  if  known, 
and  previous  address  of  every  patient  having  tuberculosis 
who  comes  into  his  care  or  under  his  observation,  within 
twenty-four  hours  thereafter.  * 

(90)  Sec.  2.     This  report  shall  be  upon  a  blank  form  fur-  Report,  what 
nished  by  the  state  board  of  health,  and  such  blank,  in  addi- tocontain 
tion  to  the  name,  color,  age,  sex,  nativity,  occupation,  place 

where  last  employed    and  present    address,    as  stated  above, 
shall  give  also  the  evidence  upon  which  the  diagnosis  of  tu- 
berculosis has  been  made,  the  part  of  the  body  affected  and 
the  stage  of  the  disease.     All  cases    in    which    the    sputum,  Tuberculosis, 
urine,  faeces,  pus  or  any  other  bodily  discharge,  secretion  or  what  regarded' 


32 


STATE    OF    MICHIGAN. 


excretion  shall  contain  the  tubercle  bacillus  shall  be  regarded 
as  open  cases  of  tuberculosis,  and  the  rules  given  below  pro- 
viding for  disinfection  of  premises  occupied  by  cases  of  tuber- 
culosis shall  apply  only  to  such  open  cases.  All  other  cases 
shall  be  reported  for  statistical  purposes  and  shall  be  sub- 
open  cases,  jected  to  frequent  examinations.  In  the  event  of  these  be- 
coming open  cases,  they  shall  become  subject  to  the  same  re- 
Report  fees,  strictions  as  herein  provided  for  all  open  cases.  For  each 
complete  report  sent  in  the  physician  reporting  shall  be  al- 
lowed a  fee  of  fifty  cents  out  of  the  general  fund  in  the  state 
treasury  after  said  report  has  been  accepted  by  the  state 
board  of  health  and  voucher  issued  therefor  by  the  secretary 
of  said  board  and  approved  by  the  board  of  state  auditors. 

Am.  1909,  Act  317. 


Reports,  how 
made,  etc. 


Register. 


Who  may 

inspect. 


Blanks,  etc., 
payment  for. 


(91)  Sec.  3.  Examination  of  sputum. — It  shall  be  the 
duty  of  every  health  officer  of  a  township,  city  or  village, 
when  so  requested  by  any  physician  or  by  authorities  of  any 
hospital  or  dispensary,  to  make  or  cause  to  be  made  a  micro- 
scopical examination  of  the  sputum  or  other  bodily  secretion 
or  discharge  forwarded  to  him  as  that  of  a  person  having 
symptoms  of  tuberculosis,  which  shall  be  forwarded  to  such 
officer  in  a  package  specified  by  the  state  board  of  health, 
accompanied  by  a  blank  giving  name,  nativity,  age,  sex,  color, 
occupation,  place  where  last  employed  if  known,  and  address 
of  the  person  whose  sputum  it  is.  It  shall  be  the  duty  of  said 
health  officer  promptly  to  make  a  report  of  the  results  of 
such  examination  free  of  charge  to  the  physician  or  person 
upon  whose  application  the  same  is  made:  Provided,  That 
the  examinations  provided  for  in  this  section  shall  be  made, 
on  request  of  local  health  officers,  bv  the  state  board  of 
health. 

(92)  Sec.  4.  Protection  of  records. — It  shall  be  the  duty 
of  every  health  officer  of  a  township,  city  or  village  to  cause 
all  reports  made  in  accordance  with  the  provisions  of  the 
first  section  of  this  act,  and  also  all  results  of  examinations 
showing  the  presence  of  the  bacilli  of  tuberculosis  made  in 
accordance  with  the  -provisions  of  the  third  section  of  this 
act,  to  be  recorded  in  a  register  to  be  furnished  by  the  state 
board  of  health,  of  which  he  shall  be  the  custodian,  and  a 
copy  of  which  he  shall  transmit  quarterly  to  the  state  board 
of  health.  Such  register  shall  not  be  open  to  inspection  by 
any  person  other  than  the  health  authorities  of  the  state  and 
of  the  said  township,  city  or  village,  and  said  health  author- 
ities shall  not  permit  any  such  report  or  record  to  be  di- 
vulged so  as  to  disclose  the  identity  of  the  person  to  whom 
ii  relates,  except  as  may  be  necessary  to  carry  into  effect 
the  provisions  of  this  act.  The  cost  of  all  blanks,  vouchers 
and  registers  by  this  act  requiredNto  be  furnished  or  issued 
by  the  state  board  of  health  shall  be  paid  for  by  the  board  of 
state  auditors  out  of  the  general  fund  in  the  state  treasury, 


LAWS    RELATING    TO    PUBLIC    HEALTH.  3a 

on  presentation  of  vouchers  approved  by  the  secretary  of  the 
state  board  of  health. 

Am.  1909,  Act  317. 

(93)  Sec.  5.  Disinfection  of  premises. — In  case  of  the 
vacating  of  any  apartment  or  premises  by  the  death  or  re- 
moval therefrom  of  a  person  having  open  tuberculosis,  it 
shall  be  the  duty  of  the  attending  physician,  or  if  there  be  no 
such  physician  or  if  such  physician  be  absent,  of  the  owner, 
lessee,  occupant  or  other  person  having  charge  of  the  said 
apartments  or  premises,  if  he  knows  or  has  been  notified  that 
such  deceased  person  or  persons  who  have  been  removed 
therefrom  had  open  tuberculosis,  to  notify  the  health  officer 
of  said  township,  city  or  village  of  said  death  or  removal 
within  twenty-four  hours  thereafter,  and  such  apartments 
or  premises  so  vacated  shall  not  again  be  occupied  until 
duly  disinfected,  cleansed  or  renovated  by  the  local  board 
of  health,  in  accordance  with  the  methods  endorsed  and 
recommended  by  the  state  board  of  health. 

(94)  Sec.  6.  Health  officer  to  direct  disinfection,  cleans- 
ing or  renovation. — When  notified  of  the  vacating  of  any 
apartments  or  premises  as  provided  in  section  five  hereof,  the  ' 
local  health  officer  or  one  of  his  assistants  or  deputies  shall 
within  twenty-four  hours  thereafter  visit  said  apartments  or 
premises  and  shall  order  and  direct  that,  except  for  purposes 
of  cleansing  or  disinfection,  no  infected  article  shall  be  re- 
moved therefrom  until  properly  and  suitably  cleansed  or  dis- 
infected; and  said  health  officer  shall  determine  the  man- 
ner in  which  such  apartments  or  premises  shall  be  disin- 
fected, cleansed  or  renovated  in  order  that  they  may  be 
rendered  safe  and  suitable  for  occupancy.  If  the  health  au- 
thorities determine  that  disinfection  is  sufficient  to  render 
them  safe  and  suitable  for  occupancy,  such  apartments  or 
premises,  together  with  all  infected  articles  therein,  shall 
immediately  be  disinfected  by  the  health  authorities  at  pub- 
lic expense.  Should  the  health  authorities  determine  that 
such  apartments  or  premises  are  in  need  of  thorough  cleans- 
ing and  renovation,  a  notice  in  writing  to  this  effect  shall  be 
served  upon  the  owner  or  agent  of  said  apartments  or  prem- 
ises, and  said  owner  or  agent  shall  thereupon  proceed  to  the 
cleansing  or  renovating  of  such  apartments  or  premises  in 
accordance  with  the  instruction  of  the  health  authorities,  and 
such  cleansing  and  renovation  shall  be  done  at  the  expense 
of  the  said  owner  or  agent. 

(95)  Sec.  7.  Prohibiting  occupancy  until  order  of  health 
officer  is  complied  with. — In  case  the  orders  or  directions  of 
the  local  health  officer  requiring  the  disinfection,  cleansing 
or  renovation  of  any  apartments  or  premises  or  any  articles 
therein  as  hereinbefore  provided,  shall  not  be  complied  with 
within  forty -eight  hours  after  such  orders  or  directions  shall 
be  given,  the  health  officer  may  cause  a  placard  in  words  and 


34  STATE    OF    MICHIGAN. 


form  substantially  as  follows  to  be  placed  upon  the  door  of 
the  infected  apartments  or  premises:  "Tuberculosis  is  a 
communicable  disease.  These  apartments  have  been  occupied 
by  a  consumptive  and  may  be  infected.  They  must  not  be 
occupied  until  the  order  of  the  health  officer  directing  their 
disinfection  or  renovation  has  been  complied  with.  This 
notice  must  not  T>e  removed  under  the  penalty  of  the  law 
except  by  the  health  officer  or  other  duly  authorized  official." 

(96)  Sec.  8.  Prohibiting  carelessness  of  a  person  having 
tuberculosis. — Any  person  having  tuberculosis  who  shall  dis- 
pose of  his  sputum,  saliva  or  other  bodily  secretion  or  ex- 
cretion so  as  to  cause  offense  or  danger  to  any  person  or 
persons  occupying  the  same  room  or  apartment,  house,  part 
of  a  house  or  premises,  shall,  on  complaint  of  any  person 
or  persons  subjected  to  such  offense  or  danger,  be  deemed 
guilty  of  a  nuisance  and  any  person  subjected  to  such  a  nuis- 
ance may  make  complaint  in  person  or  writing  to  the  health 
officer  of  any  township,  city  or  village  where  the  nuisance 
complained  of  is  committed.  It  shall  be  the  duty  of  the 
local  health  officer  receiving  such  complaint  to  investigate, 
and  if  it  appear  that  the  nuisance  complained  of  is  such  as 
to  cause  offense  or  danger  to  any  person  occupying  the  same 
room,  apartment,  house,  part  of  a  house  or  premises,  he  shall 
serve  a  notice  upon  the  person  so  complained  of,  reciting  the 
alleged  cause  of  offense  or  danger  and  requiring  him  to  dis- 
pose of  his  sputum,  saliva  or  other  bodily  secretion  or  ex- 
cretion in  such  a  manner  as  to  remove  all  reasonable  cause 
of  offense  or  danger.  Any  person  failing  or  refusing  to  com- 
ply with  orders  or  regulations  of  the  local  health  officer  of 
any  township,  city  or  village,  requiring  him  to  cease  to  com- 
mit such  nuisance,  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  thereof  shall  be  fined  not  less  than  one 
nor  more  than  ten  dollars. 

(97)  Sec.  9.  Protection  of  patient's  family. — It  shall  be 
the  duty  of  a  physician  attending  a  patient  having  tuber- 
culosis to  take  all  proper  precautions  and  to  give  proper  in- 
structions to  provide  for  the  safety  of  all  individuals  occupy- 
ing the  same  house  or  apartment,  and  if  no  physician  be  at- 
tending such  patient  this  duty  shall  devolve  upon  the  local 
health  officer,  and  all  duties  imposed  upon  physicians  by  any 
section  of  this  act  shall  be  j>erformed  by  the  local  health  offi- 
cer in  all  cases  of  tuberculosis  not  attended  by  a  physician. 

(98)  Sec.  10.  It  shall  be  the  duty  of  every  local  health 
officer  to  transmit  to  every  physician  reporting  any  case  of 
tuberculosis,  or  to  the  person  reported  as  suffering  from  this 
disease,  provided  the  latter  has  no  attending  physician,  a 
circular  of  information  provided  by  the  state  board  of 
health.  This  circular  of  information  shall  inform  the  con- 
sumptive of  the  precautions  necessary  to  avoid  transmitting 
the  disease  to  others. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  35 


(99)  Sec.  11.  Penalty  for  failure  of  physician  to  perform 
duties  or  for  making  false  reports. — Any  physician  or  person 
practicing  as  a  physician  who  shall  fail  to  report  any  case  of 
tuberculosis  or  who  shall  knowingly  report  as  affected  with 
tuberculosis  any  person  who  is  not  so  affected,  or  who  shall 
wilfully  make  any  false  statement  concerning  the  name, 
nativity,  age,  sex,  color,  occupation,  place  where  last  .em- 
ployed if  known,  or  address  of  any  person  reported  as 
affected  with  tuberculosis,  or  who  shall  certify  falsely  as 
to  any  of  the  precautions  taken  to  prevent  the  spread  of  in- 
fection, shall  be  deemed  guilty  of  a  misdemeanor  and  on' 
conviction  thereof  shall  be  subject  to  a  fine  of  not  more  than 
one  hundred  dollars. 

(100)  Sec.  12.  Reporting  recovery  of  patient. — Upon  the 
recovery  of  any  person  having  tuberculosis,  it  shall  be  the 
duty  of  the  attending  physician  to  make  a  report  of  this 
fact  to  the  local  health  officer,  who  shall  record  the  same 
in  the  records  of  his  office,  and  shall  relieve  said  person 
from  further  liability  to  any  requirements  imposed  by  this, 
act. 

(101)  Sec.  13.  General  penalty. — Any  person  violating 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  punished, 
except  as  herein  otherwise  provided,  by  a  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars. 

Sec.   14   repeals   inconsistent   acts. 


HOSPITALS. 

[R.    S.   1846,   Ch.   35.] 

(102)  §  4444.     Sec.  35.     The  inhabitants  of  any  township  Hospitals  for 
may  establish  within  their  township,  and  be  constantly  pro-  p^oSaving 
vided  with,  one  or  more  hospitals  for  the  reception  of  persons  smallpox,  etc. 
having  the  smallpox,  or  other  disease  which  may  be  dangerous 

to  the  public  health. 

Elliott   v.    Supervisors,   58  /  452  ;    Nicholson   v.   Detroit,   129  /  246. 

References  to  special  acts  for  the  establishment  of  hospitals,  etc.,  may  be 
found  in  Chapter  VIII  of  this  compilation. 

See  sections  256-9  for  the  construction  and  maintenance  of  hospitals  and 
sanitariums. 

(103)  §  4445.    Sec.  36.   All  such  hospitals  shall  be  subject  By  whom 

to  the  orders  and  regulations  of  the  board  of  health,  or  a  com-  plated /etc.3 
mittee  appointed  by  such  board  for  that  purpose ;  but  no  such 
hospital  shall  be  established  within  one  hundred  rods  of  any 
inhabited  dwelling  house  situated  in  an  adjoining  township, 
without  the  consent  of  such  adjoining  township. 

(104)  §  4447.     Sec  38.     When  any  hospital  shall  be  so  es-  physicians, 
tablished,  the  physician  attending  the  same,  the  persons  in-  subject  t^ 
oculated  or  sick  therein,  the  nurses,  attendants,  and  all  per-  regulations  of 

hosro.   etc 

sons  who  shall    approach  or  come    within  the  limits  of  the 


STATE    OF    MICHIGAN. 


When  board 
of  health  to 

Erovide 
ospitals. 


same,  and  all  such  furniture  and  other  articles  as  shall  be 
used  or  brought  there,  shall  be  subject  to  such  regulations  as 
shall  be  made  by  the  board  of  health,  or  of  the  committee 
appointed  for  that  purpose. 

(105)  §  4448.  Sec.  39.  When  the  smallpox,  or  any  other 
disease  dangerous  to  the  public  health,  shall  break  out  in  any 
township,  the  board  of  health  shall  immediately  provide  such 
hospital,  or  place  of  reception  for  the  sick  and  infected,  as 
they  shall  judge  best  for  their  accommodation,  and  the  safety 
of  the  inhabitants ;  and  such  hospitals  and  places  of  reception 
shall  be  subject  to  the  regulations  of  the  board  of  health,  in 
the  same  manner  as  hereinbefore  provided  for  established  hos- 
pitals. 

(106)  §  4449.  Sec.  40.  The  board  of  health  shall  cause 
such  sick  or  infected  persons  to  be  removed  to  such  hospitals 
or  places  of  reception,  unless  the  condition  of  the  sick  person 
be  such  as  not  to  admit  of  removal  without  danger  of  life; 
in  which  case  the  house  or  place  where  the  sick  shall  remain, 
shall  be  considered  as  a  hospital  to  every  purpose  before  men- 
tioned, and  all  persons  residing  in,  or  in  any  way  concerned 
with  the  same,  shall  be  subject  to  the  regulations  of  the 
board  of  health,  as  before  provided. 

(107)  §  4451.  Sec.  42.  If  any  physician  or  other  person, 
in  any  of  the  hospitals  or  places  of  reception  before  men- 
tioned, or  who  shall  attend,  approach,  or  be  concerned  with 
the  same,  shall  violate  any  of  the  regulations  lawfully  made 
in  relation  thereto,  either  with  respect  to  himself,  or  his,  or 
any  other  person's  property,  the  person  so  offending  shall, 
for  each  offense,  forfeit  a  sum  not  less  than  ten,  nor  more 
than  one  hundred  dollars. 


When 

infected  per- 
sons to  be 
removed  to 
hospital,  etc. 


Penalty  for 
violating 
regulations  of 
hospitals. 


VACCINATION. 

An  Act  to  authorize  boards  of  health  of  cities,  villages  and  townships 
to  furnish  vaccination  to  the  inhabitants  thereof. 

-      [Act  146,  P.  A.  1870.] 

The  People  of  the  State  of  Michigan  enact: 


Board  of  (108)    §  4465.    Section  1.    That  the  board  of  health  of  each 

iSS'to  fuf nSh  city,  village  and  township,  may  at  any  time  direct  its  health 
vaccination,  officer  or  health  physician  to  offer  vaccination  with  bovine 
vaccine  virus  to  every  child  not  previously  vaccinated,  and  to 
all  other  persons  who  have  not  been  vaccinated  within  the 
preceding  five  years,  without  cost  to  the  persons  [person] 
vaccinated,  but  at  the  expense  of  such  city,  village  or  town- 
ship, as  the  case  may  be. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  37 


[R.    S.   1846,   Ch.   35.] 

(109)  §  4455.    Sec.  45.    Every  township  may,  at  any  meet-  inoculation 
ing,  make  suitable  provision  for  the  inoculation  of  the  inhabit-  Wlth  cow  pox 
ants  thereof  with  the  cow  pox,   under   the   direction   of   the 

board  of  health,  or  the  health  officer  of  the  township,  and 
they  shall  raise  all  necessary  sums  of  money  to  defray  the 
expenses  of  such  inoculation,  in  the  same  manner  that  other  Free 
township  charges  are  defrayed.  vaccination. 

(110)  §  4446.     Sec.  37.    If  any  person  shall  inoculate  any  Sjgjfejg 
other  person,  or  inoculate  himself,    or  suffer  himself  to  be  with  smaii- 
inoculated  with  the  smallpox,    unless    at    some    hospital    li-  a^ho^pitais. 
censed  and  authorized  by  law,  he  shall,  for  each  offense,  for- 
feit a  sum  not  exceeding  two  hundred  dollars. 


RABIES  AMONG  DOGS. 

An  Act  in  relation  to  the  disease  of  rabies  among  dogs,  to  provide 
for  the  payment  of  certain  damages  for  domestic  animals  infected 
with  rabies  by  dogs  and  to  provide  penalties  for  the  violations 
of  this  act. 

[Act  306,  P.  A.  1909.1 

The  People  of  the  State  of  Michigan  enact: 

(111)  Section  1.     It  is  hereby  made  the  duty  of  all  town-  Township 
ship  boards  of  health  to  whom  cases  of  rabies  among  dogs  are  iSH&jduty 
reported  to  immediately  investigate  the  same  by  some  mem-  j.^|e  of 
ber  or  members  of  the  board;  and  should  such  investigation 

show  a  reasonable  probability  that  a  dog  is  affected  with  the 
disease  known  as  rabies,  the  said  board  of  health  shall  im- 
mediately establish  such  temporary  quarantine  as  may  be 
necessary  to  prevent  the  spread  of  the  disease  and  to  make 
immediate  complaint  thereof  in  the  manner  provided  in  sec- 
tion four  hereof. 

(112)  Sec.  2.    The  said  board  of  health,  when  in  its  judg-  Dogs,  muz- 
ment  such  action  is  necessary  to  prevent  the  spread  of  the  zlms  of' 
disease,  shall  have  power  to  order  all  dogs  in  the  township 

or  any  part  thereof,  restrained,  confined  or  muzzled. 

(113)  Sec.  3.    The  order  of  the  board  of  health  to  restrain,  Order,  when 
confine  or  muzzle  dogs  shall  be  operative  when  a  copy  of  such  °Per*tlve- 
order  shall  have  been  left  at  the  usual  place  of  residence  of 

the  owner  or  owners  of  dogs  that  are  believed  to  have  been 
exposed  to  the  said  disease,  or  when  a  copy  of  said  order  has 
been  posted  in  three  of  the  most  public  places  in  the  township 
or  part  thereof  to  which  said  order  applies. 

(114)  Sec.  4.     Any  member  of  the  board  of  health  or  any  complaint, 
resident  of  the  township  may  make  complaint  to  any  justice  when  made' 
of  the  peace  of  said  township  when  any  dog  within  the  town- 
ship is  rabid,  or  has  been  bitten  by  or  been  fighting  with  a 

dog  that  is  rabid,  or  has  been  running  at  large  in  violation 


38 


STATE    OF    MICHIGAN. 


Proviso . 


Further 
proviso. 


Order  to  kill. 


Reimburse- 
ment. 


of  the  order  of  the  board  of  health.  Upon  such  complaint  it 
shall  be  the  duty  of  the  said  justice  of  the  peace  to  give  notice 
to  the  owner  of  such  dog  or  dogs  to  appear  forthwith  for  the 
hearing  of  said  complaint.  Upon  such  hearing,  if  the  said 
justice  shall  be  satisfied  that  the  said  dog  is  rabid,  has  been 
bitten  by  or  been  fighting  with  a  dog  that  is  rabid,  or  has 
been  running  at  large  in  violation  of  the  said  order  of  the 
board  of  health,  he  shall  be  authorized  to  make  an  order  that 
such  dog  or  dogs  be  killed :  Provided,  That  the  said  justice, 
in  his  discretion,  in  all  cases  in  which  it  does  not  appear  at 
the  hearing  that  the  dog  or  dogs  in  question  are  rabid,  may 
order  the  said  dog  or  dogs  restrained  for  a  period  of  at  least 
ninety  days:  Provided  further,  That  in  all  cases  in  which 
the  owner  of  the  dog  complained  against  cannot  be  ascer- 
tained, the  justice  may  immediately  order  the  said  dog  to  be 
killed. 

(115)  Sec  '5.  In  all  cases  in  wilich  a  dog  is  ordered  killed 
the  justice  shall  issue  an  order  to  any  constable  of  the  town- 
ship directing  him  to  forthwith  kill  and  bury  the  said  dog, 
for  which  service  the  constable  shall  receive  a  fee  of  one  dol- 
lar to  be  paid  by  the  township  out  of  its  general  fund  in  the 
manner  that  other  constable  fees  are  paid. 

(116)  Sec.  6.  Whenever  any  rabid  dog  shall  infect  any 
domestic  animal  with  rabies,  and  said  animal  shall  die  there- 
from or  be  ordered  killed  on  account  thereof,  the  owner  of 
said  animal  shall  be  reimbursed  for  the  said  loss  in  the  man- 
ner and  out  of  the  fund  provided  by  act  number  forty-eight 
of  the  public  acts  of  nineteen  hundred  one,  and  the  amend- 
ments thereto:  Provided,  That  when  any  domestic  animal 
shall  be  infected  with  rabies  by  a  dog  belonging  to  the  owner 
of  said  domestic  animal,  and  said  animal  shall  die  from  said 
infection  or  be  ordered  killed  on  account  thereof,  then  the 
owner  of  said  domestic  animal  shall  in  no  case  be  reimbursed 
for  said  loss,  as  herein  provided. 

(117)  Sec.  7.  Any  officer  refusing  or  neglecting  to  per- 
form any  of  the  duties  imposed  upon  him  by  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  subject  to  the  penalties  prescribed  by  law  in  such  cases. 

(118)  Sec  8.  Any  person  violating  any  of  the  provisions 
of  this  act,  or  of  a  quarantine  or  regulation  or  order  to  re- 
strain, confine  or  muzzle  dogs,  duly  established  or  issued  by 
the  board  of  health  as  provided  in  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  or  to  imprisonment  in  the  county  jail 
for  a  period  of  not  less  than  ten  days  nor  more  than  thirty 
days,  or  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court. 


Proviso, 
domestic 
animals. 


Penalty  for 
neglect  to 
perform  duty. 


Penalty 
clause. 


LAWS  RELATING  TO  PUBLIC  HEALTH.  39 


PASTEUR  TREATMENT. 

An  Act  to  provide  for  the  prevention  of  rabies  in  indigent  persons. 
[Act  116,  P.  A.  1903.] 
The  People  of  the  State  of  Michigan  enact: 

(119)  Section  1.    Whenever  it  shall  be  proved  to  the  satis-  JJJjgj^11* t0 
faction  of  the  local  board  of  health  that  any  indigent  person 

or  persons  within  its  jurisdiction  has  been  bitten  by  a  rabid 
dog,  or  other  rabid  animal,  or  in  any  other  manner  has  been 
infected  with  the  virus  of  rabies,  said  local  board  of  health 
shall  make  the  necessary  arrangements  and  send  said  person 
or  persons  supposed  to  be  infected  with  rabies,  to  the  Pasteur 
institute  at  the  university  of  Michigan.  The  necessary  ex-  Expenses, 
penses  thus  incurred  shall  be  a  charge  upon  the  township,  owpai  • 
city  or  incorporated  village  in  which  the  expense  was  author- 
ized. Before  their  payment  or  allowance  all  bills  for  such 
expenses  shall  be  audited  by  the  local  board  of  health. 

DISEASES  AMONG  CATTLE. 

[Extract  from  Act  182,   P.  A.   1885.] 

(120)  §  5631.    Sec.  5.    It  shall  be  the  duty  of  any  person  Duty  of 
who  discovers,  suspects,  or    has  reason  to    believe  that  any  report  disease 
domestic  animal  belonging  to  him  or  in  his  charge,  or  that  o^^Jlth 
may  come  under  his  observation,  belonging  to  other  parties, 

is  affected  with  any  disease,  whether  it  be  a  contagious  or 
infectious  disease,  to  immediately  report  such  fact,  belief,  or 
suspicion  to  the  live  stock  sanitary  commission,  or  a  member 
thereof,  or  to  the  local  board  of  health  or  some  member 
thereof. 

(121)  §  5632.     Sec.  6.     It  is  hereby  made  the  duty  of  all  Dut^of  local 
local  boards  of  health,  to  whom  cases  of  contagious  or  infec-  health  to 
tious  diseases  are  reported,   to    immediately    investigate   the  calestisate 
same,  either  in  person  by  some  member  or  members  of  the  reported. 
board,   or  by   the   employment   of   a   competent   and   skilled 
veterinarian;    and  should  such    investigation  show  a  reason- 
able probability  that  a  domestic  animal   is  affected  with  a 
contagious  or  infectious  disease  of  a  malignant  character,  the  commission  to 
local  board  of  health  shall  immediately  establish  such  tern-  quarantine. 
porary  quarantine  as  may  be  necessary  to  prevent  the  spread 

of  the  disease,  and  report  all  action  taken  to  the  commission 

or  to  some  member  thereof;  and  the  acts  of  local  boards  of 

health  establishing  temporary  quarantine  shall  have  the  same 

force  and  effect  as    though    established    by    the    commission 

itself,  until  such  time  as  the  commission  may  take  charge  of 

the  case  or  cases,  and  relieve  the  local  board  of  health.     All  Expenses,  how 

expenses  incurred  by  local  boards  of  health  in  carrying  out  paid' 


40 


STATE    OF    MICHIGAN. 


the  provisions  of  this  act  shall  be  paid  in  like  manner  as 
are  other  expenses  incurred  by  said  boards  in  the  discharge 
of  other  official  duties. 


VILLAGES. 


[Extract  from  Act  3,   P.   A.   1895.] 


POWERS    OF    COUNCIL. 


Chapter  VII. 


General  (122)    §  2769.     Section  1.    Every   village   subject   to   the 

provisions  of  this  act,  shall,  in  addition  to  such  other  powers 
as  are  [conferred]  confirmed,  have  the  general  power  and 
authority  granted  in  this  chapter,  and  the  council  may  pass 
such  ordinances  in  relation  thereto  as  it  may  deem  proper, 
namely : 

Third,  To  abate  nuisances  and  preserve  the  public  health; 
Thirteenth,  To  regulate  or  prohibit  bathing  in  the  rivers, 
ponds,  streams  and  waters  of  the  village; 

Nineteenth,  To  prevent  the  running  at  large  of  dogs,  to 
require  them  to  be  muzzled,  and  to  authorize  their  destruc- 
tion if  found  at  large,  in  violation  of  any  ordinance  of  the 
village. 
Public  health.  (123)  §  2815.  Sec.  47.  The  council  of  any  village  may 
enact  all  such  ordinances  as  may  be  deemed  necessary  for 
the  preservation  and  protection  of  the  health  of  the  inhabit- 
ants thereof,  and  to  prevent  the  introduction  of  malignant, 
infectious,  or  contagious  diseases  within  the  village  or  within 
one  mile  thereof;  and  for  the  removal  of  persons  having  such 
diseases,  or  who,  from  exposure  thereto,  or  otherwise,  may 
be  suspected  or  believed  to  be  liable  to  communicate  the 
same,  either  beyond  the  corporate  limits,  or  to  such  hospital 
or  place  of  treatment  within  the  village  as  the  council  may 
prescribe  and  the  public  safety  may  require. 
SsTai  and  (124)  §2820.  Sec.  52.  The  council  may  provide  for  the 
treatmaentnof  appointment  of  the  necessary  officers  and  employes  for  the 
sick  therein,  management  of  the  village  hospital  and  for  the  care  and 
treatment  therein  of  such  sick  and  diseased  persons  as  to 
the  council  or  board  of  health  of  the  village  shall  seem 
proper;  and  by  direction  of  the  council  or  board,  persons 
having  any  malignant,  infectious,  or  contagious  disease,  may 
be  removed  to  such  hospital,  and  there  detained  and  treated, 
when  the  public  safety  may  so  require;  and  the  council  may 
provide  such  restraints  and  punishments  as  may  be  neces- 
sary to  prevent  any  such  person  from  departing  from  such 
hospital  until  duly  discharged. 
Board  of  (125)    §  2821.     Sec  53.    The  council  shall  have  and  exer- 

cise all  the  powers  and  authority  conferred  upon  boards  of 
health  by  the  general  laws  of  the  state,  so  far  as  the  same 
are  applicable;  and  they  may  enact  such  ordinances  as  may 


LAWS    RELATING    TO    PUBLIC    HEALTH.  >^>i»**#^ 

OF  T  H  E 





be  necessary   for  regulating  the    proceedings    and  mode  o1 

exercising  such  powers. 

• 

As  to  the  powers  and   duties   of   the   council   as   a  board  of   public  health, 
see  Rae  v.  Flint,   51  /  526  ;   Murray  v.   Grass  Lake  Village,  125  /  5. 

Itemizing  claims  by  board  of  health. — Sawyer  v.  Manton  Village,  145  /  272. 

(126)  §  2822.  Sec.  54.  When  the  council  shall  deem  it  Mem. 
necessary,  they  may  establish  a  board  of  health  for  the  vil- 
lage, and  appoint  officers  therefor,  and  make  rules  for  its 
government,  and  invest  it  with  such  powers  and  authority 
as  may  be  necessary  for  the  protection  and  preservation  of 
the  health  of  the  inhabitants. 


APPROPRIATION   OF   PRIVATE   PROPERTY. 
Chapter  XIII. 

(127)  §  2910.  Section  1.  Private  property  may  be  taken  Purposes  for 
and  appropriated  for  public  use  in  any  such  village  for  the  taken. may 
purpose  of  opening,  widening,  altering  and  extending  streets, 
alleys  and  avenues;  for  the  construction  of  bridges,  for  pub- 
lic buildings  and  for  other  public  structures;  for  public 
grounds,  parks,  market  places  and  spaces;  for  public 
wharves,  docks,  slips,  basins  and  landings  on  navigable 
waters,  and  for  the  improvement  of  water  courses;  for  sew- 
ers, drains  and  ditches,  for  public  hospitals,  pest  houses, 
quarantine  grounds  and  public  cemeteries,  and  for  other  law- 
ful and  necessary  public  uses. 

Am.   1903,  Act  176. 

APPROPRIATION   OF   PRIVATE   PROPERTY:      See   Const.    XIII,    1,   2,   3. 

Also  general   law,   sections  3392-3415,   C   L.   1897. 

SUMMONS :  Notice  to  all  parties  interested  is  necessary. — Specht  v.  De- 
troit, 20  /  173  ;  Paul  v.  Detroit,  32  /  116  ;  Railroad  Co.  v.  Detroit,  49  /  47  ; 
Houghton   v.    Mining   Co.,    57  /  547  ;    Kundinger  v.    Saginaw,   59  /  360. 

SERVICE  OF  SUMMONS:  Personal  service  should  be  made  when  it  can 
be  had. — Kundinger  v.  Saginaw,  59  /  361.  Failure  to  make  legal  service  upon 
all  the  parties  interested  is  fatal  to  the  proceedings. — Brush  v.  Detroit,  32  / 
43 ;  Osborne  v.  Detroit,  32  /  282 ;  Specht  v.  Detroit,  20  / 173.  And  the 
record  must  show  that  legal  notices  have  been  given. — Gray  v.  Brockway 
Twp.,  40  /  165.  As  to  when  parties  voluntarily  appear  without  service,  see 
Railroad  Co.   v.  Benham,   28/459. 

PUBLICATION :  The  common  council  must  designate  the  paper  in  which 
the  publication   is   to   be   made. — Powers'   Appeal,   29  /  504. 

PROOF  OF  SERVICE  :  The  return  of  the  summons  should  show  upon  what 
particular  person  it  was  served,  and  whether  the  service  was  personal  or  by 
copy  left  at  the  residence. — People  v.  Highway  Commissioners,  14  /  528. 
Legal   proof  of  legal  service  must  be  made. — Powers'  Appeal,   29  /  508. 

ASSESSMENT  FOR  BENEFITS:  The  separate  assessment  should  be  made 
against  each  parcel  of  land  in  the  district. — Rentz  v.  Detroit,  48  /  544.  The 
only  theory  on  which  the  doctrine  of  charging  the  expense  of  public  works 
on  property  benefited  can  be  maintained  is  that,  if  local  improvements  can 
be  conveniently  paid  for  by  local  assessments,  in  this  way  in  the  long  run 
the  general  public  may  be  charged  for  the  general  result  with  a  proximate 
equality.  'Any  other  theory  of  benefits  involves  the  taking  of  private  property 
for  private  use  and  is  unfair  and  unauthorized. — Detroit  v.  Dailey,  68  /  510. 
The  charge  whether  based  upon  supposed  benefits  or  any  other  legal  burden, 
must  be  spread  over  the  taxing  district  according  to  some  uniformly  applied 
rule.— Id.  508. 


42 


STATE    OF    MICHIGAN. 


CITIES  OF  FOURTH  CLASS. 

[Extract  from  Act  215,   P.  A.   1895.] 

GENERAL  POWERS  OF  CITY  CORPORATIONS. 

Chapter  XI. 


General 
powers  of 
city. 


Council 
may  pass 
ordinances. 


Nuisances. 


May  regulate 
inspection  of 
meats. 


Construction 
of  vaults,  etc. 


Bathing. 


To  provide 
for  clearing 
rivers,  ponds, 
etc. 


To  abate 
nuisances  in 
all  shops, 
stores,  houses, 


To  regulate 
construction 
of  cellars, 
privies. 
To  prohibit 
use  of  toy 
pistols. 

To  provide 

fountains, 

reservoirs. 


(128)  §  3107.  Section  1.  Every  city  incorporated  under 
the  provisions  of  this  act,  shall,  in  addition  to  such  other 
powers  as  are  herein  conferred,  have  the  general  powers  and 
authority  in  this  chapter  mentioned;  and  the  council  may 
pass  such  ordinances  in  relation  thereto,  and  for  the  exer- 
cise of  the  same,  as  they  may  deem  proper,  namely: 

Third,  To  prevent  injury  or  annoyance  from  anything  dan- 
gerous, offensive,  or  unhealthy;  to  prohibit  and  remove  any- 
thing tending  to  cause  or  promote  disease;  to  prevent  and 
abate  nuisances,  and  to  punish  those  occasioning  them,  or 
neglecting  or  refusing  to  abate,  discontinue  or  remove  the 
same; 

Seventeenth,  To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  flour, 
meat  and  other  provisions; 

Twentieth,  To  regulate  the  construction,  repair  and  use 
of  vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gut- 
ters; 

Twenty-second,  To  regulate  or  prohibit  bathing  in  the 
rivers,  ponds,  streams  and  waters  of  the  city; 

Twenty-third,  To  provide  for  clearing  the  rivers,  ponds, 
canals  and  streams  of  the  city,  and  the  races  connected  there- 
with, of  all  driftwood  and  noxious  matter;  to  prohibit  and 
prevent  the  depositing  therein  of  any  filth  or  other  matter 
tending  to  render  the  waters  thereof  impure,  unwholesome 
and  offensive; 

Twenty-fourth,  To  compel  the  owner  or  occupant  of  any 
grocery,  tallow  chandler  shop,  soap  or  candy  factory,  butcher 
shop  or  stall,  slaughter-house,  stable,  barn,  privy,  sewer,  or 
other  offensive,  nauseous,  or  unwholesome  place  or  house,  to 
cleanse,  remove  or  abate  the  same  whenever  the  council  shall 
deem  it  necessary  for  the  health,  comfort,  or  convenience  of 
the  inhabitants  of  the  city; 

Twenty-sixth,  To  direct  and  regulate  the  construction  of 
cellars,  slips,   barns,   private  drains,   sinks  and   privies; 

Thirty-third,  To  prohibit  and  punish  the  use  of  toy  pistols, 
sling  shots  and  other  dangerous  toys  or  implements  within 
the  city; 

Thirty-sixth,  To  provide  for,  establish,  regulate  and  pre- 
serve public  fountains  and  reservoirs  within  the  city,  and 
such  troughs  and  basins  for  watering  animals  as  they  may 
deem  proper. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  43 

PUBLIC    HEALTH. 
Chapter  XIV. 

(129)  §  3124.     Section  1.     The  council  of  any  city  may  c°aun£;{a 
enact  all  such  ordinances  as  may  be  deemed  necessary  for  the  SdmaSes 
preservation  and  protection  of  the  health  of  the  inhabitants  pubiic^heaith. 
thereof,  and  to  prevent  the  introduction  of  malignant,  infecti- 
ous or  contagious  diseases  within  the  city,  or  within  one  mile 

thereof :  and  for  the  removal  of  persons  having  such  diseases,  May  provide 

ror  rpmnvfll 

or  who,  from  exposure  thereto  or  otherwise,  may  be  suspected  of  certain 
or  believed  to  be  liable  to  communicate  the  same,  either  be-  Persons- 
yond  the  city  limits  or  to  such  hospital  or  place  of  treatment 
within  the  city  as  the  council  may  prescribe,  or  the  public 
safety  may  require. 

(130)  §  3129.    Sec  6.    The  council  may  purchase  the  nee-  Hospitals, 
essary  lands,  and  erect  thereon,  or  otherwise  provide  one  or  p?ov¥demay 
more  hospitals,  pest  houses  or  quarantine  buildings,  either 
within  or  without  the  city  limits,  and  provide  for  the  ap- 
pointment of  the  necessary  officers,  attendants  or  employes, 

for  the  care  and  management  thereof,  and  for  the  care  and 
treatment  therein,  of  such  sick  and  diseased  persons  as  to 
the  council  or  board  of  health  of  the  city  shall  seem  proper; 
and  by  direction  of  the  council  or  board  of  health,  persons  Treatment  of 
having   any  malignant,   infectious  or  contagious   disease,   or  contagious™8 
who  have  been  exposed  to  such  disease,  may  be  removed  to  diseases. 
such  hospital,  pest  house  or  quarantine  buildings,  and  there 
"detained  and  treated,  when  the  public  safety  may  so  require; 
and  the  council  may  provide  such  restraints  and  punishments 
as  may  be  necessary  to  prevent  any  such  person  from  depart- 
ing  from   such   hospital,   pest  house  or  quarantine  grounds 
until  duly  discharged. 

(131)  §  3130.     Sec  7.    The  council  of  any  city  incorpor- council  to 
ated  under  this  act  shall  also  have  and  exercise  within  and  contorSTon 
for  the  city,  all  the  powers  and  authority  conferred  upon  ESSthby 
boards  of  health  by  chapter  forty -six  of  the  compiled  laws  general  laws. 
of  eighteen   hundred   and  seventy-one,   and   all   amendments 
thereto,  being  chapter  thirty-nine  of  Howell's  annotated  stat- 
utes of  the  state  of  Michigan,  so  far  as  the  same  are  applica- 
ble and  consistent  with  this  act;  and  they  may  enact  such 
ordinances  as  may  be  proper  for  regulating  the  proceedings 

and  mode  of  exercising  such  powers  and  authority. 

The  chapter  of  C  L.  '71  referred  to  is  sections  4410-59,  C.  L.  1897.  See 
local  boards  of  health,  subdivisions  one  and  two  of  this  chapter.  As  to  the 
powers  of  the  council  as  a  board  of  health,  see  Rae  v.  Flint,  51  /  526  ;  Murray 
v.   Grass   Lake   Village,   125  /  5. 

Itemizing  claims  by  board  of  health. — Sawyer  v.  Manton  Village,  145  /  272. 

(132)  §  3131.     Sec  8.     The  council,  when  deemed  neces- Board  of 
sary,  may  establish  a  board  of  health  for  the  city  and  ap-  ^dHsH  be 
point  the  necessary  officers  thereof,  and  provide  rules  for  its 
government,  and  invest  it  with  such    power    and    authority 

as  may  be  necessary  for  the  protection  and  preservation  of 


44 


STATE    OP    MICHIGAN. 


Powers  of. 


Penalty  for 
violation  of 
orders  of. 


the  health  of  the  city ;  and  in  addition  thereto  the  board  shall 
have  and  exercise  all  the  powers  and  authority  conferred  on 
boards  of  health  by  the  chapter  of  the  compiled  laws  re- 
ferred to  in  the  preceding  section,  so  far  as  they  may  be  ex- 
ercised consistently  with  the  provisions  of  this  act.  And 
the  council  may  prescribe  penalties  for  the  violation  of  any 
lawful  order,  rule  or  regulation  made  by  the  board  of  health, 
or  any  officer  thereof. 


APPROPRIATION   OP    PRIVATE    PROPERTY. 


Chapter  XXV. 


Purposes  for  (133)  §  3222.  Section  1.  Private  property  may  be  ap- 
prhopertPyrmaay  propriated  for  public  use  in  any  city  for  the  purpose  of  open- 
Be  taken.  }ng^  widening,  altering  or  extending  streets,  alleys  and 
avenues;  for  the  construction  of  bridges,  for  public  buildings 
and  for  other  public  structures,  for  public  grounds,  parks, 
market  places  and  spaces;  for  public  wharves,  docks,  slips, 
basins  and  landings  on  navigable  waters,  and  for  the  im- 
provement of  water  courses;  for  sewers,  drains  and  ditches; 
for  public  hospitals,  pest  houses,  quarantine  grounds  and 
public  cemeteries,  and  for  other  lawful  and  necessary  public 
uses. 

Am.  1899,  Act  136. 

See  notes  to  compiler's  section   127. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  45 


CHAPTEK  III. 
DUTIES  OF  THE  HEALTH  OFFICER. 

HEALTH   OFFICERS    IN  TOWNSHIPS.  PREVENTION     OF     BLINDNESS     IN 

HEALTH    OFFICERS    IN    VILLAGES    AND  INFANTS. 

CITIES.  REGISTRATION   OF   DEATHS. 

An  Act  to  specify  certain  duties  of  health  officers  and  provide  for 
compensation  therefor,  in  townships,  cities,  and  villages  where  the 
health  officer  is  not  otherwise  instructed  by  the  local  board  of 
health. 

[Act   137,   P.   A.   1883.] 

The  People  of  the  State  of  Michigan  enact: 

(134)  §  4460.  Section  1.  That  whenever  the  health  Powers^and 
officer  of  any  township,  city,  or  village  in  this  state  shall  re-  health  officers 
ceive  reliable  notice  or  shall  otherwise  have  good  reason  to  {£  dfsease? 
believe  that  there  is  within  the  township,  city,  or  village  of 
which  he  is  the  health  officer,  a  case  of  smallpox,  diphtheria, 
scarlet  fever  or  other  communicable  disease  dangerous  to  the 
public  health,  it  shall  be  the  duty  of  said  health  officer,  un- 
less he  is  or  shall  have  been  instructed  by  the  board  of  health, 
of  which  he  is  an  executive  officer,  to  do  otherwise,  immedi- 
ately to  investigate  the  subject,  and  in  behalf  of  the  board  of 
health,  of  which  he  is  an  executive  officer,  to  order  the 
prompt  and  thorough  isolation  of  those  sick  or  infected  with 
such  disease,  so  long  as  there  is  danger  of  their  communicat- 
ing the  disease  to  other  persons ;  to  order  the  prompt  vaccina- 
tion or  isolation  of  persons  who  have  been  exposed  to  small- 
pox; to  see  that  no  person  suffers  for  lack  of  nurses  or  other 
necessaries  because  of  isolation  for  the  public  good;  to  give 
public  notice  of  infected  places  by  placard  on  the  premises, 
and  otherwise  if  necessary;  to  promptly  notify  teachers  or 
superintendents  of  schools  concerning  families  in  which  are 
contagious  diseases;  to  supervise  funerals  of  persons  dead 
from  scarlet  fever,  diphtheria,  smallpox,  or  other  communi- 
cable disease  which  endangers  the  public  health;  to  disin- 
fect rooms,  clothing,  and  premises,#  and  all  articles  likely  to 
be  infected,  before  allowing  their  use  by  persons  other  than 
those  in  isolation;  to  keep  the  president  of  his  own  board  Must  report  to 
of  health,  and  the  secretary  of  the  state  board  of  health  con-  gaff  board 
stantly  informed  respecting  every  outbreak  of  a.  disease  dan- of  health. 
gerous  to  the  public  health,  and  of  the  facts  so  far  as  the 
same  shall  come  to  his  knowledge,  respecting  sources  of 
danger  of  any  such  diseased  person  or  infected  article  being 
brought  into  or  taken  out  of  the  township,  city,  or  village  of 
which  he  is  the  health  officer. 

Where  a  health  officer  has  been  called  in  consultation  by  another  physician 


46 


STATE    OF    MICHIGAN. 


to  determine  whether  the  patient  is  affected  with  a  disease  dangerous  to  the 
public  health,  he  renders  his  services  under  this  section  and  not  section  67. 
He  is  entitled  to  compensation  under  section  136. — Browne  v.  Supervisors, 
126/277.  Liability  of  county  for  furniture  destroyed. — Baar  v.  Ottawa 
Supervisors,  151  /  505. 


Provisions  of 
general  law. 


Penalty  for 
violation. 


Compensation 
of  health 
officers. 


Proviso. 


(135)  §  4461.  Sec.  2.  In  the  absence  of  regulations  con- 
flicting therewith,  made  and  published  by  the  local  board  of 
health,  and  still  remaining  in  force,  the  provisions  of  section 
one  of  this  act  shall  have  the  force  of  regulations  made  and 
published  by  the  local  board  of  health;  and  whoever  shall 
knowingly  violate  the  provisions  of  section  one  of  this  act, 
or  the  orders  of  the  health  officer  made  in  accordance  there- 
with, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  he  shall  be  punished  by  a  fine  not  exceeding 
one  hundred  dollars,  and  the  costs  of  prosecution,  or  in  de- 
fault of  payment  thereof,  by  imprisonment  not  exceeding 
ninety  days  in  the  county  jail,  in  the  discretion  of  the  court. 

In  townships,  the  health  officer  must  report  all  such  forfeitures  to  the  super- 
visor. Section  9809,  C.  L.  1897.  In  cities  and  villages  to  prosecuting  at- 
torneys.     See   section   137,   this  compilation. 

,(136)  §  4462.  Sec.  3.  In  the  fulfillment  of  the  require- 
ments of  this  act,  the  health  officer,  unless  other  provision 
shall  have  been  made  in  accordance  with  law,  shall  be  en- 
titled to  receive  from  the  township/ city,  or  village  of  which 
he  is  health  officer,  compensation  at  the  rate  of  not  less  than 
two  dollars  per  day:  Provided,  That  this  section  shall  not 
be  construed  to  conflict  with  any  action  by  the  local  board  of 
health,  under  section  sixteen  hundred  and  ninety-three,  of 
the  compiled  laws  of  eighteen  hundred  and  seventy-one,  as 
amended  by  act  number  two  hundred  and  two,  of  the  laws  of 
eighteen  hundred  and  eighty-one. 

Section   1693   above  referred  to  is  section   54   of  this  compilation. 
See  note  to  section  134. 


An   Act  relative  to  the  duties   of  health  officers  in    [of]   cities  and 

villages. 

[Act  157,  P.  A.  1879.] 


Health  officer 
to  notify 
prosecuting 
attorney  of 
penalties 
incurred. 


What  notice 
shall  state. 


The  People  of  the  State  of  Michigan  enact: 

(137)  §  4464.  Section*  1.  That  it  shall  be  the  duty  of 
the  health  officer  of  each  village  and  city  in  this  state,  when- 
ever he  shall  know,  or  have  good  reason  to  believe  that  any 
penalty  or  forfeiture  has  been  incurred  within  his  city  or  vil- 
lage, by  reason  of  neglect  to  comply  with  section  one  thous- 
and seven  hundred  and  thirty-four  or  section  one  thousand 
seven  hundred  and  thirty-five  of  the  compiled  laws  of  eight- 
een hundred  and  seventy-one,  forthwith  to  give  notice  there- 
of, in  writing,  to  the  prosecuting  attorney  of  his  county, 
which  notice  shall  state,  as  near  as  may  be,  the  time  of  such 
neglect,  the  name  of  the  person  incurring  the  penalty  or  for- 


LAWS    RELATING    TO    PUBLIC    HEALTH.  47 


feiture,  and,  as  near  as  can  be  ascertained,  the  name  or 
names  of  persons  sick  with  a  disease  dangerous  to  the  public 
health,  and  not  reported  as  the  law  requires. 


The  sections  referred  to  are  sections  62  and  63. 


PREVENTION  OF  BLINDNESS  IN  INFANTS. 

An  Act  to  provide  for  the  prevention  of  blindness  in  the  newly  born 
by  compelling  midwives,  nurses  and  others  to  report  in  writing 
to  the  local  health  officer  any  redness  or  inflammation  occurring  in 
the  eyes  of  infants  under  two  weeks  of  age,  and  to  provide  a  penalty 
for  the  neglect  of  the  same. 

[Act  43,    P.   A.   1895.]  • 

The  People  of  the  State  of  Michigan  enact: 

(138)  §  4475.     Section  1.     That  should  one  of  both  eyes  Midwives  and 
of   an   infant  become  inflamed  or  swollen,   or   reddened,  or  notffy  health 
should  any  pus  or  secretion  form  in  the  eyes  or  upon  the  edge  officer. 

of  the  lids,  at  any  time  within  two  weeks  after  birth,  it  shall 
be  the  duty  of  any  midwife,  nurse  or  other  person  having 
charge  of  such  infant,  to  report  in  writing  within  six  hours 
after  discovery  of  such  inflammation,  redness  or  formation 
of  pus,  or  secretion,  to  the  local  health  officer  or  some  legally 
qualified  practitioner  of  medicine  in  the  city,  town  or  dis- 
trict in  which  such  case  shall  occur,  the  fact  that  such  in- 
flammation, swelling  or  redness  or  accumulation  in  the  eyes 
exists. 

(139)  §  4476.     Sec.  2.     Any  failure  to  comply  with  the  Penalty  for 
provisions  of  this  act  shall  be  punished  by  a  fine  not  to  ex-  aUure- 
ceed   one   hundred   dollars   or   imprisonment  not   to   exceed 

six  months,  or  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court. 


REGISTRATION  AND  RETURN  OF  DEATHS. 

An  Act  to  provide    for    the   registration    of    deaths  in  Michigan  and 
requiring  certificates  of  death. 

[Act  217,  P.  A.   1897.] 

The  People  of  the  State  of  Michigan  enact: 

(140)      §  4614.     Section  1.     That  the  body  of  no  person  Burial  permit 
whose  death  occurs  in  the  state  shall  be  interred,  deposited  bybc!erkued 
in  a  vault  or  tomb  or  otherwise  disposed  of,  or  removed  from 
the  township,  village  or  city  in  which  the  death  occurred, 
until  a  permit  for  burial  or  removal  shall  have  been  properly 
issued  by  the  clerk  of  the  township,  village  or  city  in  which 
the  death  occurs,  who  shall  be  the  registrar  of  deaths :    Pro-  g™viso  in 
vided,  That  in  cities  that  have,  or  shall  institute,  a  system 


48 


STATE    OP    MICHIGAN. 


Who  shal] 
obtain  death 
certificates. 


Physicians  to 
certify  to 
cause  of 
death. 


Proviso. 


of  immediate  registration  of  deaths  by  the  board  of  health, 
the  health  officer  or  secretary  of  the  board  of  health  shall  act 
as  registrar  of  deaths  under  this  act,  in  lieu  of  the  city  clerk, 
and  shall  in  all  respects  conform  to  its  provisions. 

(141)  §  4615.  Sec.  2.  Whenever  any  person  shall  die, 
the  undertaker,  householder,  relative,  friend,  manager  of  in- 
stitution, sexton  or  other  person  superintending  the  burial 
of  said  deceased  person,  shall  cause  a  certificate  of  death  to 
be  filled  out  with  all  of  the  personal  and  family  particulars 
required  in  section  three  of  this  act,  and  attested  by  the  sig- 
nature of  a  relative  or  some  competent  person  acquainted 
with  the  facts.  The  physician  who  attended  the  deceased 
person  during  his  last  illness  shall  fill  out  the  medical  certi- 
ficate of  cause  of  death,  which  death  certificate  shall  be  de- 
livered to  the  registrar  within  the  time  designated,  if  any, 
by  the  local  board  of  health.  In  case  of  death  without  the 
attendance  of  a  physician,  or  if  it  shall  appear  probable  that 
the  deceased  person  came  to  his  death  by  unlawful  or  sus- 
picious means,  then  the  registrar  shall  refer  the  certificate 
to  the  health  officer  or  coroner  for  immediate  investigation 
and  report  prior  to  issuing  the  permit:  Provided,  That  when 
the  health  officer  is  not  a  physician  and  only  in  such  case, 
the  registrar  is  authorized  to  insert  the  facts  relating  to  the 
cause  of  death  from  statements  of  relatives  or  other  compe- 
tent testimony.  Upon  the  presentation  of  a  certificate  of 
death  properly  filled  out  and  signed,  the  registrar  shall  issue 
a  permit  for  the  burial  or  removal  of  the  body  and  shall 
immediately  record  the  death  in  the  register  of  deaths, 
numbering  all  certificates  consecutively  in  the  order  in  which 
they  are  received,  beginning  with  number  one  for  the  first 
death  that  occurs  in  each  year.  In  deaths  from  dangerous 
communicable  diseases,  burial  or  removal  permits  shall  be 
granted  by  the  registrar  only  in  accordance  with  the  rules 
of  the  local  board  of  health  and  of  the  state  board  of  health 
relating  thereto.  The  sexton  or  other  person  having  charge 
of  the  interment  or  final  disposition  of  the  body  shall  retain 
the  burial  permit  when  presented  to  him  by  the  undertaker: 
Provided,  That  when  a  body  is  shipped  the  removal  permit 
shall  be  presented  by  the  undertaker  or  other  person  shipping 
the  same  to  the  agent  of  the  transportation  company,  and 
shall  be  attached  by  him,  with  the  transit  permit,  to  the  box 
containing  the  body,  to  accompany  the  same  to  destination, 
and  no  transit  permit  shall  be  issued  or  received  by  any 
transportation  company  for  the  shipment  of  a  body  unless 
accompanied  by  the  registrar's  removal  permit. 


Deaths  from 
dangerous 
communi- 
cable diseases 


Proviso. 


Am.  1901,   Act  20. 


(142)     §  4616.    Sec.  3.    The  certificate  of  death  shall  con- 
tain  the   following  facts  concerning  each  decedent: 
Personal  and        First    Part — Personal    and    family   particulars: — Date   of 
death,  stating  year,  month  and  day;  full  name;  sex;  age,  in 


family  par- 
ticulars. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  49 

years,  months  and  days,  if  known,  or  the  approximate  age  if 
the  exact  age  cannot  be  ascertained;  color;  whether  single, 
married,  widowed,  or  divorced;  if  married,  age  at  first  mar- 
riage, and  parent  of  how  many  children,  of  whom  how  many 
are  living;  place  of  death,  giving  ward,  street  and  number  if 
in  a  city;  birthplace  (state  or  country  if  not  born  in  Michi- 
gan) ;  occupation;  full  names  of  both  parents;  birthplaces  of 
both  parents;  proposed  place  and  time  of  burial  or  place  and 
route  for  removal  of  body;  signature  and  address  of  reporter 
certifying  to  above  facts;  signature  and  address  of  under- 
taker. 

Second    Part — Medical    certificate   of   cause    of    death : —  Name  of 
Name  of  disease ;  immediate  cause  of  death,  together  with  ofSdSeth?aeutce 
contributory   causes   or   complications,   if   any;   duration    of 
each  cause;  date  last  seen  by  medical  attendant,  or  fact  of 
no  medical  attendance;  in  violent  deaths,  statement  whether 
death  resulted  from  accident,  suicide  or  homicide;  whether  a 
post-mortem  was  held  and  results  thereof,  signature  and  ad- 
dress of  medical  attendant,  health  officer  or  coroner  certify- 
ing to  cause  of  death :    Provided  further,  Said  certificate  and  Proviso  in 
permit  shall  not  be  required  before  burial  in  townships  where  townshlPs- 
it  is  impracticable  to  obtain  the  same  within  a  reasonable 
time  after  death,  but  in  all  such  cases,  said  certificate  shall 
be  obtained  within  ten  days  after  death. 

(143)     §  4617.     Sec.  4.     Kegisters  of  deaths  shall  be  sup- when  to 
plied  by  the  secretary  of  state  to  registrars  for  recording  ^Sary 
certificates  of  death,  together  with  all  blanks  required  for  of  state- 
the  execution  of  this  act.    On  the  fourth  day  of  each  month 
the  registrar  of  each  township,  village  and  city  shall  prompt- 
ly transmit  to  the  secretary  of  state,  in  an  official  envelope 
provided  by  the  state  and  stamped  with  one  full  letter  stamp, 
all  the  certificates  of  death  filed  in  his  office  during  the  pro 
ceeding    [preceding]    calendar   month,   with   a   statement   of 
the  number  of  deaths  so  reported :    Provided,  That  the  regis-  proviso  in 
trars  of  cities,  may  in  lieu  of  the    original    certificates    of Clties- 
deaths  transmit  certified  copies  of  the  same  to  the  secretary 
of  state.     If  no  deaths  occurred,  he  shall  make  a  return  to 
that  effect  upon  a  postal  card  blank.      The    certificates    of 
death  returned  to  the  secretary  of  state  shall  be  permanently 
preserved,  bound  and  indexed  by  him;  the  statistical   data 
therein  contained  shall  be  compiled  and  published  in  the  an- 
nual registration  report,  and  monthly  bulletins  shall  be  is- 
sued showing  the  mortality  of  the  state  in  detail,  the  preva- 
lence of  important  causes  of  death,  and  such  other  informa- 
tion as  shall  be  of  public  interest  and  sanitary  value.     The  To  make 
registrar  shall  also  send  a  transcript  monthly  to  the  clerk  reponto 
of  his  county  containing  a  record  of  all  of  the  deaths  entered  county  clerk- 
upon  his  register  during  the  preceding  calendar  month  for 
entry  upon  the  county  record  of  deaths.     All  certificates  of 
death,  local  registers  or  county  records  authorized  under  this 


50 


STATE    OF    MICHIGAN. 


act  or  certified  copies  thereof  shall  be  prima  facie  evidence  in 
all  courts  and  for  all  purposes  of  the  facts  recorded  therein. 

Duly  filed  certificates  of  death  are  admissible  on  the  issue  of  the  cause  of 
death  of  the  persons  to  whom  they  relate,  though  the  physicians  who  made 
them  are  prohibited  from  testifying  to  the  facts  therein  stated  because  ac- 
quired in  their  professional  capacity. — Krapp  v.  Metropolitan  Life  Ins.  Co., 
143  /  369. 


Registrars' 
fee  for  re- 
cording 
deaths. 


Certificates, 
when  and 
by  whom 
certified. 


Proviso. 


Further 
proviso. 


(144)  §  4618.  Sec.  5.  Each  registrar  of  deaths  shall  re- 
ceive twenty-five  cents  for  the  proper  record  and  return  of 
each  death  to  the  secretary  of  state  and  the  proper  return 
of  a  transcript  thereof  to  the  clerk  of  the  county  in  which 
his  registration  district  is  situated,  which  fee  shall  also  cover 
the  issuing  of  a  burial  or  removal  permit.  The  secretary  of 
state  shall  certify  to  the  clerk  of  each  county  annually  the 
number  of  properly  executed  certificates  of  death  received 
by  him  from  each  registrar  in  such  county  for  the  preceding- 
calendar  year,  which  certified  statements  such  county  clerk 
shall  compare  with  the  transcript  of  deaths  on  file  in  his 
office,  and  if  such  transcripts  shall  be  found  to  conform  with 
such  certified  statements,  such  county  clerk  shall  deliver 
such  certified  statements  to  the  respective  registrars  entitled 
thereto,  which  certified  statements  shall  be  received  by  the 
treasurer  of  the  county  in  which  such  registration  districts 
are  situated,  and  payment  shall  be  made  thereon  in  accord- 
ance with  the  rate  fixed  in  this  section:  Provided,  That  the 
secretary  of  state  shall  not  include  in  the  number  of  certifi- 
cates certified  for  payment  any  imperfect  certificates,  or 
those  not  transmitted  promptly  as  required  by  section  four 
of  this  act:  Provided  further,  That  the  registrars  of  cities 
having  a  population  of  ten  thousand  inhabitants  or  more  by 
the  last  United  States  or  state  census,  shall  receive  no  com- 
pensation other  than  their  salaries  for  the  duties  required  by 
this  act. 

Am.    1901,   Act   209. 


Penalty  for 
failure  to  per- 
form duty. 


(145)  §  4619.  Sec.  6.  Any  official  failing  or  refusing  to 
perform  his  duty  under  this  act,  or  any  undertaker  violating 
any  of  its  provisions,  shall,  upon  conviction  thereof,  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  five  dollars  and  not  exceeding  one  hun- 
dred dollars,  or  be  imprisoned  in  the  county  jail  not  exceed- 
ing thirty  days,  or  suffer  both  fine  and  imprisonment  at  the 
discretion  of  the  court.  Local  registrars  shall  see  that  the 
provisions  of  this  act  are  enforced  in  their  jurisdictions ;  the 
secretary  of  state  shall  be  charged  with  the  general  execution 
of  the  law  and  shall  have  supervisory  power  over  registrars, 
to  the  end  that  this  act  shall  be  uniformly  and  effectual  ly 
executed  throughout  the  state.  Prosecuting  attorneys  shall, 
upon  the  request  of  a  local  registrar  or  of  the  secretary  of 
state,  assist  in  the  enforcement  of  the  provisions  of  this  act. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  51 

(146)     §  4620.    Sec.  7.    All  of  the  part  of  act  number  one  Repealing 
hundred   and  ninety-four  of    eighteen    hundred    and    sixty- clause' 
seven,  as  amended  by  act  number  one  hundred  and  twenty- 
five  of  eighteen  sixty-nine,  relating  to  the  collection  and  re- 
turn of  deaths  and  inconsistent  with  this  act  is  hereby  re- 
pealed:    Provided,  That  the  returns  of  deaths  for  the  calen- 
dar year  eighteen  hundred  and  ninety-seven   shall  be   duly 
collected   and   compiled   under   the   provisions   of   said   act :  Provis0j  local 
Provided   further,   That   it   shall   be  the   duty   of   the   local  jjJJJ^0'* 
boards  of  health  to  see  that  the  provisions  of  this  act  are 
enforced:     Provided  further,  That  in  sparsely  settled  town-  Proviso> 
ships,  having  an  average  density  of  population  of  less  than  gtatrle^own. 
five  persons  per  square  mile  at  the  time  of  the  last  preced-  ships. 
ing  United  States  or  state  census,  burial  permits  shall  not  be 
required  in  advance  of  interment  when  impracticable  to  ob- 
tain them,  but  in  all  such  cases  the  certificate  of  death  shall 
be  filed  with  the  registrar  at  the  earliest  practicable  moment, 
not  to  exceed  ten  days  after  death,  and  not  later  thun  the 
fourth   day  of  the  following  calendar  month.    * 

Am.    1901,   Act   20 


52 


STATE    OF    MICHIGAN. 


CHAPTER  IV. 
NUISANCES. 


IN  TOWNSHIPS. 

DEAD   ANIMALS. 

WATER  CLOSETS  AND  PRIVIES. 

ARTESIAN   AND   FLOWING   WELLS. 

OFFENSIVE  TRADES. 


SLAUGHTER  HOUSES. 
MEAT  INSPECTION. 
IN  VILLAGES. 
IN  CITIES. 
PRIVATE  NUISANCES. 


TOWNSHIPS. 

Board  to  ex-  (147)  §  4417.  Sec.  8.  The  board  of  health  shall  examine 
nu?sanoes,°etc.  *nto  a^  nuisances,  sources  of  filth  and  causes  of  sickness  that 
may,  in  their  opinion,  be  injurious  to  the  health  of  the  in- 
habitants within  their  township,  or  in  any  vessel  within  any 
harbor  or  port  of  such  township;  and  the  same  shall  destroy, 
remove,  or  prevent,  as  the  case  may  require. 


Proceedings 
if  nuisance, 
etc.,  found  on 
private  prop- 
erty. 


When 

nuisance,  etc. 
to  be  re- 
moved by 
board. 


Ronayne  v.  Loranger,   66  /  374. 

(148)  §  4418.  Sec.  9.  Whenever  any  such  nuisance, 
source  of  filth,  or  cause  of  sickness,  shall  be  found  on  private 
property,  the  board  of  health  shall  order  the  owner  or  oc- 
cupant thereof,  at  his  own  expense,  to  remove  the  same  with- 
in twenty-four  hours;  and  if  the  owner  or  occupant  shall 
neglect  so  to  do,  he  shall  forfeit  a  sum  not  exceeding  one 
hundred  dollars. 

Ronayne  v.  Loranger,   66  /  374. 

(149)  §  4419.  Sec.  10.  If  the  owner  or  occupant  shall 
not  comply  with  such  order  of  the  board  of  health,  such 
board  may  cause  the  said  nuisance,  source  of  filth,  or  cause 
of  sickness,  to  be  removed,  and  all  expenses  incurred  thereby 
shall  be  paid  by  the  said  owner  or  occupant,  or  by  such  other 
person  as  shall  have  caused  or  permitted  the  same. 

Ronayne  v.  Loranger,   66  /  374. 

Court  may  (150)     §  4420.     Sec.  11.     Whenever  any  person  shall  be 

removed  IS1106  convicted,  on  an  indictment  for  a  common  nuisance  that  may 
be  injurious  to  the  public  health,  the  court  may,  in  its  dis 
cretion,  order  it  to  be  removed  or  destroyed,  at  the  expense 
of  the  defendant,  under  the  direction  of  the  board  of  health 
of  the  township  where  the  nuisance  is  found;  and  the  form 
of  the  warrant  to  the  sheriff,  or  other  officer,  may  be  varied 
accordingly. 

Ballentine  v.  Webb,  84  /  48-9.  This  section  taken  by  itself  has  no  applica- 
tion to  a  city  and  its  operation  is  impossible  there.  It  is  expressly  confined 
to  townships. — Shepard  v.  People,  40  /  489.  An  information  must  be  precise 
in  its  allegations  and  clear  in  its  statements  of  consequences  to  justify  de- 
stroying property  to  remove  the  nuisance. — Id.   491. 

See  section  60  relative  to  the  powers  and  duties  of  the  council  of  villages 
and  cities  having  no  organized  board  of  health. 


certain  cases. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  53 

(151)  §  4421.     Sec.  12.    Whenever   the   board   of   health  Proceedings, 
shall  think  it  necessary,  for  the  preservation  of  the  lives  or  Jince  of  Toard 
health  of  the  inhabitants,  to  enter  any  building  or  vessel  in  lessens1"115  °r 
their  township,  for  the  purpose  of  examining  into  and  de-  refused. 
stroying,    removing    or   preventing   any   nuisance,    source   of 

filth,  or  cause  of  sickness,  and  shall  be  refused  such  entry, 
any  member  of  the  board  may  make  complaint,  under  oath, 
to  any  justice  of  the  peace  of  his  county,  whether  such  jus- 
tice be  a  member  of  such  board  or  not,  stating  the  facts  of  the 
case,  so  far  as  he  has  knowledge  thereof. 

(152)  §  4422.     Sec.   13.     Such    justice    may    thereupon  idem. 
issue  a  warrant,  directed  to  the  sheriff  or  any  constable  of 

the  county,  commanding  him  to  take  sufficient  aid,  and  being 
accompanied  by  any  two  or  more  members  of  said  board  of 
health,  between  the  hours  of  sunrise  and  sunset,  to  repair 
to  the  place  where  such  nuisance,  source  of  filth,  or  cause 
of  sickness  complained  of  may  be,  and  the  same  destroy,  re- 
move  or  prevent,  under  the  direction  of  such  members  of  the 
board  of  health. 

(153)  §  4423.     Sec.  14.     The  board  of  health  may  grant  Board  may 
permits   for  the   removal   of  any  nuisance,   infected   article,  Sf ^infected" 
or  sick   person,   within  the   limits  of  their  township,   when  articles, 
they  shall  think  it  safe  and  proper  so  to  do. 


DEAD  ANIMALS. 

An  Act  to  provide  against  nuisances. 
[Act  70,   S.   L.   1867.] 

The  People  of  the  State  of  Michigan  enact: 

(154)      §  11432.     Section  1.     That  if  any  person  or  per-  Burial  of  dead 
sons  shall  put  any  dead  animal  or  part  of  the  carcass  of  any  ammals- 
dead  animal,  into  any  lake,  river,  creek,  pond,  road,  street, 
alley,  lane,  lot,  field,  meadow  or  common,  or  in  any  place 
within  one  mile  of  the  residence  of  any  person  or  persons, 
except  the  same  and  every  part  thereof  be  buried  at  least  two 
feet  under  ground,  and  if  the  owner  or  owners  thereof  shall 
knowingly  permit  the  same  to  remain  in  any  of  the  aforesaid 
places,  to  the  injury  of  the  health,  or  to  the  annoyance  of  the 
citizens  of  this  state,  or  any  of  them,  every  person  so  offend-  Penalty  for 
ing  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con-  neglect- 
viction  thereof  shall  forfeit  and  pay  a  sum  not  less  than  five 
dollars  nor  more  than  ten  dollars,  together  with  the  costs 
of  prosecution,  and  in  default  in  the  payment  thereof,  shall 
be  imprisoned  in  the  county  jail  of  the  county  in  which  such 
conviction  may  be  had,  not  exceeding  ten  days,  to  be  imposed 
by  any  court  of  competent  jurisdiction ;  and  every  twenty-  Additional 
four  hours  said  owner  may  permit  the  same  to  remain  after  offense- 
such  conviction,  shall  be  deemed  an  additional  offense  against 


54 


STATE    OF    MICHIGAN. 


the  provisions  of  this  act,  and  upon  conviction  thereof  shall 
Penalty.  forfeit  and  pay  a  further  sum  of  not  less  than  ten  dollars 

and  not  more  than  thirty  dollars,  together  with  the  costs  of 
prosecution,  to  be  recovered  as  aforesaid,  and  in  default 
in  the  payment  thereof,  be  imprisoned  as  aforesaid  not  more 
than  thirty  days,  or  be  punished  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court. 


WATER  CLOSETS  AND  PRIVIES. 

An  Act  to  enlarge  the  powers  of  boards  of  health  of  townships  and 
villages  in  certain  cases. 

[Act  136,  P.  A.   1881.] 

The  People  of  the  State  of  Michigan  enact: 


Powers  of 
boards  in 
townships 
and  villages. 


Penalty  for 
violation. 


(155)  §  4466.  Section  1.  That  boards  of  health  in  town- 
ships and  villages  are  hereby  empowered  to  make  such  rules 
and  regulations  in  relation  to  the  care  and  cleansing  of 
privies  and  water  closets  within  such  townships  or  villages 
as  they  may  deem  desirable  for  the  preservation  of  the  health 
of  any  of  the  inhabitants  thereof,  or  such  boards  may  de- 
clare any  such  privy  or  water  closet  a  nuisance,  and  the 
abatement  thereof  be  by  them  ordered  and  enforced. 

(156)  §  4467.  Sec.  2.  Any  violation  of  any  rule  or  re- 
quirement of  such  board  under  this  act  shall  be  deemed  to 
be  a  misdemeanor,  and  shall  be  punished  by  a  fine  not  more 
than  ten  dollars  or  imprisonment  in  the  county  jail  not  more 
than  ten  days,  or  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court. 


REGULATION  OF  ARTESIAN  AND  OTHER  WELLS. 

An  Act  to  regulate  the  use  of  artesian  and  other  wells;   to  prevent 
the  waste  of  waters  therefrom,  and  provide  a  remedy  therefor. 

[Act  107,  P.  A.  1905.] 

The  People  of  the  State  of  Michigan  enact: 


Nuisance, 
what    deemed, 


Who  liable. 


(157)  Section  1.  Any  artesian  or  flowing  well,  the  water 
of  which  is  unnecessarily  allowed  to  run  to  waste  in  an  un- 
reasonable manner  to  the  depletion  or  lowering  of  the  head 
or  reservoir  thereof  to  the  detriment  or  damage  of  other 
wells  supplied  from  the  same  head  or  reservoir,  shall  be 
deemed  a  nuisance,  and  its  owner  and  the  owner  of  the  land 
on  which  it  is  situated  shall  be  subject  to  all  the  actions  for 
abatement  and  damages  in  favor  of  the  person  or  persons 
injured  that  are  or  may  be  provided  by  law  for  other  nuis- 
ances or  tortious  acts 


LAWS    RELATING    TO    PUBLIC    HEALTH.  55 

(158)  Sec.  2.    Where  any  well  is  supplied  by  a  head,  res- unreasonable 
ervoir,  stratuni,  or  vein  or  by  percolating  waters  common  to  easaryu*? 
other  springs  or  wells,  and  the  owner  thereof  or  his  lessee  or 
licensee  puts  its  waters  to  a  use  unreasonable  or  unneces- 
sary, in  view  of  the  condition  and  situation  of  the  land  on 

which  it  is  situated,  and  through  such  unreasonable  or  un- 
necessary use,  lowers  or  depletes  the  head,  pressure,  or  sup- 
ply of  water  of  any  spring  or  well  dependent  on  the  same 
head,  vein,  or  stratum,  to  the  detriment  or  injury  of  the 
owner  or  any  person  entitled  to  the  use  thereof,  the  well  so 
unreasonably  and  unnecessarily  used,  shall  be  deemed  to  be 
a  nuisance,  and  its  owner  and  the  owner  of  the  land  on  who  liable. 
which  it  is  situated  shall  be  subject  to  all  the  actions  for 
abatement  and  damages  in  favor  of  the  person  or  persons 
injured,  that  are  or  may  be  provided  by  law  for  other  nuis- 
ances or  tortious  acts. 

(159)  Sec.  3.     Where  any  decree  is  rendered  under  this  Decree,  what 
act  declaring  any  well  a.  nuisance  because  of  the  waste  or  t0  speci  y* 
unreasonable  use  of  its  waters  and  directing  the  abatement 
thereof,  such  decree  shall  specify  in  some  practicable  manner 

the  daily  amount  or  volume  of  water  that  may  be  used  or 
allowed  to  flow  therefrom  without  violating  such  decree,  and 
specify  such  reasonable  time  as  to  the  court  shall  seem  just 
within  which  the  provisions  thereof  shall  be  carried  into 
effect:  Provided,  That  any  such  decree  may  be  reopened  at 
any  time  after  entry  on  the  question  of  reasonable  use  on 
a  proper  showing  of  change  of  circumstances  or  other  equit- 
able reason  therefor. 


OFFENSIVE  TRADES. 

[R.   S.   1846,   Ch.   35.] 

(160)  §  4456.     Sec.   46.     The  township  board   of  every  piaces  may  be 
township,   the   president   and   trustees,   or   council,   of  every  joying  0nr 
village,  and  the  mayor  and  aldermen  of  every  city,  respect-  offensive 
ively,  when  they  shall  judge  it  necessary,  shall,  from  time  to  trades- 
time,  assign  certain  places  for  the  exercising  of  any  trade 

or  employment,  offensive  to  the  inhabitants,  or  dangerous  to 
the  public  health;  and  they  shall  forbid  the  exercise  thereof 
in  places  not  so  assigned;  and  all  such  assignments  shall  be 
entered  in  the  records  of  the  township,  village,  or  city,  and 
they  may  be  revoked  when  the  said  township,  village,  or 
city  officers  may  think  proper. 

People  v.  White  L»ead  Works,  82  /  477. 

(161)  §  4457.     Sec.  47.     When  any  place  or  building  so  when  places 
assigned  shall  become    a    nuisance    by'  reason    of    offensive  become  a 
smells  or  exhalations  proceeding  therefrom,  or  shall  become  assignment 
otherwise  hurtful  or  dangerous  to  the  neighborhood,  or  to  voUdfetc". 
travelers,  and  the  same  shall  be  made  to  appear  on  a  trial, 


56 


STATE    OF    MICHIGAN. 


or  the  admission  of  the  person  exercising  such  trade  or  em- 
ployment, before  the,  circuit  court  for  the  county,  upon  a 
complaint  made  by  the  board  of  health,  or  by  any  other  per- 
son, the  said  court  may  revoke  such  assignment,  and  prohibit 
the  further  use  of  such  place,  or  building,  for  the  exercise 
of  either  of  the  aforesaid  trades  or  employments,  and  may 
cause  such  nuisance  to  be  removed  or  prevented. 

(162)  §  4458.  Sec.  48.  Any  person  injured,  either  in  his 
comfort,  or  the  enjoyment  of  his  estate,  by  any  such  nuisance, 
may  have  an  action  on  the  case  for  the  damages  sustained 
thereby,  in  which  action  the  defendants  may  plead  the  gen- 
eral issue,  and  give  any  special  matter  in  evidence. 


Action  on 
the  case  for 
damages. 


Ronayne  v.  Loranger,  66  /  374. 


SLAUGHTER  HOUSES. 

An  Act  to  require  adequate  water  supply,  sewerage  and  drainage  to 
all  slaughter  houses  in  or  within  one  mile  of  any  city,  park  or 
highway,  and  to  provide  a  penalty  for  violation  of  the  provisions  of 
this  act. 

[Act  97,   P.  A.   1901.] 

The  People  of  the  State  of  Michigan  enact: 


Water  supply 
within  cer- 
tain limits. 


Disposal  of 
refuse. 


Penalty. 


(163)  Section  1.  That  from  and  after  the  time  when  this 
act  shall  take  effect  it  shall  not  be  lawful  for  any  person  or 
corporation,  its  officers  or  agents,  to  keep  or  maintain  in  any 
city  or  within  one  mile  of  the  limits  of  any  city  or  park,  or 
within  thirty  rods  of  any  highway  or  street  car  line,  any 
slaughter-house,  slaughter-yard  or  slaughter-pen  or  any  other 
place  for  slaughtering  or  killing  any  animals,  or  for  render- 
ing dead  animals,  except  such  place  as  shall  be  supplied  with 
an  adequate  supply  of  water  for  daily  and  constant  flushing 
and  purifying  of  the  place,  and  with  adequate  sewerage  and 
drainage  for  the  speedy  removal  of  all  blood  and  other  fluid 
refuse  from  such  slaughtering,  killing  or  rendering. 

(164)  Sec.  2.  It  shall  not  be  lawful  for  any  person  or 
corporation,  its  officers  or  agents  in  charge  of  any  slaughter- 
house, slaughter-yard  or  slaughter-pen  in  or  within  one  mile 
of  any  city  or  park,  or  within  thirty  rods  of  any  highway 
or  street  car  line,  to  so  dispose  of  any  offal,  heads,  horns, 
hides  or  other  portions  of  any  dead  animal  as  to  be  a  nui- 
sance, or  contrary  to  the  rules  of  the  local  board  of  health. 

(165)  Sec  3.  Whoever  violates  a  provision  of  this  act 
shall,  on  conviction,  be  deemed  to  be  guilty  of  a  misdemeanor, 
and  shall  be  fined  a  sum  not  exceeding  one  hundred  dollars 
and  costs  of  prosecution,  and  in  default  of  payment  of  such 
penalty  shall  be  imprisoned  in  the  county  jail  not  exceeding 
sixty  days. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  57 


MEAT  INSPECTION. 

An  Act  to  provide  for  the  inspection  of  animals  intended  for  meat 
supplies,  and  of  meat  intended  for  consumption  in  cities,  villages 
and  townships;  to  regulate  slaughter-houses  and  meat  markets;  to 
license  the  sale  of  meats  in  cities,  villages  and  townships,  to  pro- 
vide for  public  abattoirs  therein  and  to  regulate  the  use  thereof. 

[Act  120,  P.  A.  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(166)  Section  1.     Any  city  or  village  in  this  state  may  Appointment 
appoint  an  inspector  or  inspectors  of  animals  and  meat  sup-  tora°Setc!~ 
plies  intended  for  human   consumption  therein,   license  the 

sale  thereof,  provide  for  the  regulation  of  slaughter-houses 
wherein  such  animals  intended  for  use  as  human  food  in 
such  city  or  village  are  slaughtered,  and  the  markets  and 
places  where  meat  intended  for  consumption  as  human  food 
is  kept  or  offered  for  sale  within  such  city  or  village,  the 
vehicle  in  which  such  meat  is  transported,  or  from  which 
same  is  sold,  offered  for  sale  or  disposed  of  for  said  purpose; 
and  cause  to  be  erected  and  maintained  a  public  abattoir 
therein  and  regulate  the  use  thereof. 

(167)  Sec.  2.     No  person  or  persons  shall  vend  or  offer  when  to  have 
for  sale  in  any  city  or  village  having  an  inspector  of  meats 

as  provided  by  this  act,  any  meat  intended  for  human  con- 
sumption, whether  slaughtered  within  such  city  or  village 
or  elsewhere,  unless  licensed  so  to  do  by  the  board  of  health 
of  such  city  or  village.  Any  person  or  persons  desiring  so 
to  do  may  apply  to  the  board  of  health  of  such  city  or  village 
for  a  license;  but  the  clerk  shall  not  issue  same  until  the  ap-  statement, 
plicant  therefor  presents  a  statement  in  writing  signed  by  contain. 
him  which  shall   state   fully  and  explicitly: 

(a)  The  name  and  residence  of  said  applicant. 

(b)  The  exact  location  or  place  from  which  said  appli- 
cant obtains  his  meats,  whether  slaughtered  by  himself  in 
whole  or  in  part. 

(c)  The  manner  in  which  said  applicant  intends  to  dis- 
pose of  his  meats  when  licensed. 

(d)  A  written  consent  granting  permission  to  the  meat 
inspector,  the  health  officer  or  his  representative,  or  any 
member  of  the  board  of  health,  the  mayor  or  any  alderman 
of  said  city,  or  the  president  and  trustees  of  said  village  free 
and  open  access  to  the  slaughter-house  in  which  he  proposes 
to  slaughter  and  the  market  or  vehicle  owned,  leased  or  oc- 
cupied by  him  from  which  his  meat  is  sold,  for  the  purpose 
of  making  inspection  of  the  said  premises,  market  or  vehicle. 
Blanks  for  such  applications  shall  be  furnished  by  the  clerk. 
Each  applicant  for  a  license  shall  also  stipulate  in  writing  Further 
that  he  will  faithfully  conform  and  cause  the  slaughter-house, statement- 
market  or  vehicle  owned,  leased  or  occupied  by  him  to  com- 

8 


58 


STATE    OF    MICHIGAN. 


When  clerk 
issue  license. 


ply  in  all  respects  with  the  requirements  of  the  ordinance 
of  said  city  or  village  enacted  under  the  provisions  of  this 
act,  and  pay  such  license  fee  as  shall  be  prescribed  therein. 
The  city  or  village  clerk  shall  not  issue  any  such  license  until 
the  meat  inspector  shall  have  examined  into  the  sanitary 
condition  and  cleanliness  of  the  slaughter-house  to  be  used 
by  the  applicant,  or  the  market  where  his  meat  is  to  be  sold, 
or  the  vehicle  in  which  it  is  to  be  transported  or  from  which 
it  is  to  be  sold  or  offered  for  sale,  and  shall  certify  that  same 
comply  with  the  requirements  of  the  ordinance  in  force  there- 
in. The  mayor  of  said  city  or  president  of  said  village  may 
at  any  time  revoke  and  suspend  any  license  issued  pursuant 
thereto  if,  upon  investigation  and  report  of  the  meat  in- 
spector and  after  hearing  the  holder  of  such  license  sum- 
marily, he  shall  find  the  condition  of  the  slaughter-house 
where  meat  is  slaughtered,  or  the  market  or  vehicle  or  the 
meat  offered  for  sale  to  be  in  violation  of  the  provisions  of 
said  ordinance  filthy  or  detrimental  to  the  public  health; 
which  revocation  shall  continue  until  such  person  shall  have 
fully  complied  with  the  requirements  of  this  act  and  the 
provisions  of  the  said  ordinance.  This  section  shall  apply 
to  slaughter-houses  whether  situated  within  or  without  the 
city  or  village  limits. 


Who  may 
revoke. 


For  an  act  to  prevent  the  sale  of  any  unwholesome,  stale,  emaciated,  brown 
or  putrid  meat  or  undrawn  or  imperfectly  dressed  poultry  in  Grand  Rapids, 
see  Act  677,   L.  A.   1907. 


When  to 
regulate  in- 
spection by 
ordinance. 


When  to 

appoint 

inspector. 


Term  of 
office. 


To  report 
violations. 


(168)  Sec.  3.  Each  city  or  village  having  a  meat  in- 
spector under  the  provisions  of  this  act  shall  establish  by  or- 
dinance such  tests  and  requirements  in  conformity  herewith 
as  are  necessary  for  the  purpose  of  excluding  from  within 
its  limits  for  sale  or  use  as  human  food  any  diseased  or  un- 
wholesome meat,  meat  which  has  been  prepared,  dressed  or 
stored  in  an  unsanitary  or  filthy  place,  or  handled  or  trans- 
ported in  an  unsanitary  or  filthy  manner;  and  each  city  or 
village  shall  authorize  and  empower  its  inspector  or  in- 
spectors to  enforce  such  tests  and  requirements,  and  shall 
provide  and  enforce  suitable  penalties  for  the  violation  of 
any  provisions  of  such  ordinance. 

(169)  Sec.  4.  Any  city  or  village  having  enacted  an  or- 
dinance under  the  provisions  of  this  act  shall  immediately 
appoint  a  person  qualified  by  education  and  experience  to 
properly  perform  the  duties  of  the  office  of  inspector,  who 
shall  hold  his  office  for  one  year  and  until  his  successor  is 
appointed  and  qualified,  and  such  deputies  with  like  qualifi- 
cations as  may  be  necessary,  who  shall  hold  office  for  a  like 
term;  and  such  inspector  and  all  deputy  inspectors  shall 
take  an  oath  of  office  to  faithfully  and  impartially  discharge 
all  the  duties  thereof.  The  inspector  shall  promptly  report 
to  the  city  or  village  attorney,  or  to  the  proper  prosecuting 
officer  for  prosecution  every  violation  of  the  ordinance  in 
force  in  such  city  or  village  under  the  provisions  of  this  act, 


LAWS    RELATING    TO    PUBLIC    HEALTH.  59 

and  shall  also  report  to  the  board  of  health  of  said  city  or 
village,  at  least  monthly,  in  detail,  all  inspections  made  by 
him  and  all  violations  of  said  ordinance. 

(170)     Sec.  5.    Any  city  or  village  having  enacted  an  ordi-  Requirements 
nance  under  the  provisions  of  this  act  shall  specify  the  fol-  houses. 
lowing    requirements    for    all    slaughter-houses    within    its 
limits : 

(a)  No  slaughtering  shall  be  done  in  barns,  sheds,  or 
other  building  not  designed  and  not  suitable  for  slaughter- 
ing animals  and  for  the  handling,  dressing  and  cooling  of 
meats;  nor  shall  any  slaughtering  be  done  outside  of  a  build- 
ing. 

(b)  All  slaughter-houses  shall  have  an  abundant  supply 
of  water  from  a  well  or  other  source  which  is  not  contami- 
nated from  the  slaughter-house  or  surrounding  pens  or  en- 
closures, or  any  part  of  the  premises;  and  which  may  be  ap- 
plied with  adequate  pressure  through  a  hose  to  any  part  of 
the  room  or  rooms  used  for  the  purpose  of  slaughtering  or 
preparing  meats  for  consumption  as  human  food. 

(c)  All  slaughter-houses  shall  have  suitable  floors  and 
sub-drainage  with  proper  sewer  connections,  which  floors 
shall  be  thoroughly  washed  off  each  day  after  the  slaughter- 
ing is  completed. 

(d)  The  walls  and  all  exposed  surfaces  on  the  inside  of 
slaughter-houses  shall  be  cleansed  by  washing  or  scraping  as 
often  as  once  in  each  month,  and  if  the  surfaces  are  not 
painted  they  shall  be  calcimined  or  whitewashed  at  least 
once  a  month. 

(e)  Cooling  and  store  rooms  for  meat  shall  be  properly 
ventilated. 

(f )  All  offal  and  refuse  shall  be  removed  from  the  slaugh- 
ter-house on  the  day  of  slaughtering,  and  disposed  of  in  a  de- 
cent and  sanitary  manner. 

(g)  All  animals  kept  in  yards  attached  to  slaughter- 
houses shall  be  treated  in  a  humane  manner,  and,  if  kept 
there  over  twelve  hours,  shall  be  fed  and  watered. 

(h)  All  pens  or  enclosures  connected  with  any  slaughter- 
house shall  be  kept  in  a  proper  sanitary  condition. 

(171)  Sec.  6.    Any  city  or  village  having  a  meat  inspector  Failure  to 
under  the  provisions  of  this  act  shall  refuse  to  permit  to  be  oStsfde  limits, 
brought  within  its  limits  to  be  sold  or  offered  for  sale  therein 

any  meat  from  any  slaughter-house  situated  outside  its  limits 
whose  owner,  lessee  or  occupant  has  not  conformed  to  the  re- 
quirements specified  in  section  five  of  this  act,  and  the  pro- 
visions of  the  ordinance  enacted  by  said  city  or  village  pur- 
suant to  this  act  and  in  force  therein. 

(172)  Sec.  7.     Any  city   or  village  having  an  inspector  Salary  of 
under  the  provisions  of  this  act  shall  appropriate  out  of  its  howled, 
general  funds  such  sums  of  money  as  shall  be  deemed  proper 

for  the  salary  of  the  inspector  and  his  deputies ;  and  in  addi-  Fees. 
tion  thereto,  may  apply  the  license  fee  and  any  fees  accru- 


60 


STATE    OF    MICHIGAN. 


ing  from  the  inspections  of  animals  and  meats,  to  be  paid 
thereunder  for  that  purpose,  or  require  said  fees  to  be  cov- 
ered into  the  city  or  village  treasury. 

(173)  Sec.  8.  All  deputy  inspectors-  shall  have  the  same 
powers  and  perform  all  the  duties  devolving  upon  the  in- 
spector under  his  direction  and  superintendence,  except  that 
they  shall  make  all  reports  required  by  this  act  to  the  in- 
spector, by  whom  same  shall  be  reported  as  hereinbefore 
provided. 

(174)  Sec.  9.  All  meat  which  has  been  inspected  by  fed- 
eral authority  shall  not  be  subject  to  local  inspection,  except 
as  to  the  market,  vehicle  or  place  at  or  from  which  it  is  sold 
or  offered  for  sale  and  as  to  changes,  decomposition,  etc. 

(175)  Sec.  10.  In  all  prosecutions  for  violation  of  any 
ordinance  enacted  pursuant  to  this  act,  the  fact  that  any 
meat  is  found  in  any  slaughter-house,  market  or  vehicle  with- 
in such  city  or  village  shall  be  presumptive  evidence  that 
the  same  was  intended  for  use  as  human  food. 

(176)  Sec.  11.  No  slaughter-house  shall  be  established 
or  maintained  nearer  to  the  limits  of  any  city  or  village  than 
is  prescribed  by  the  law  in  this  state:  Provided,  however, 
Any  city  or  village  having  enacted  and  in  force,  an  ordinance 
pursuant  to  this  act  may  cause  to  be  erected  and  maintain 
a  public  abattoir  in  which  all  animals  intended  for  human 
food  within  said  city  or  village  may  be  slaughtered,  regulate 
the  use  thereof,  and  the  terms  upon  which  same  may  be  used : 
Provided,  further,  That  nothing  in  this  act  shall  be  construed 
to  prevent  any  farmer  from  killing,  dressing  and  selling,  in 
the  open  market,  unless  diseased,  any  animal  or  fowl  in- 
tended for  food  that  he  has  raised,  fed  or  slaughtered,  nor 
any  dealer  or  merchant  from  buying  or  selling  the  same. 


Powers  and 
duties  of 
deputies. 


When  meat 
not  subject 
inspection. 


Evidence  in 
prosecution. 


When  may 

establish 

slaughter 

houses. 

Proviso. 


Further 
proviso. 


VILLAGES. 


[Extract  from  Act  3,  1895.] 


Power  to 
abate  nuis- 
ances. 


(177)  §  2816.  Sec  48.  The  council  shall  have  power  to 
prevent  and  remove  or  abate  all  nuisances  dangerous  to  life 
or  health  within  the  village;  and  may  require  any  person, 
corporation  or  company  causing  such  nuisance,  and  the 
owner  or  occupant  of  any  lot  or  premises  upon  or  in  which 
any  such  nuisance  or  cause  of  disease  may  be  found,  to  re- 
move or  abate  the  same  upon  such  notice,  and  within  such 
time  and  in  such  manner  as  the  council  may  by  ordinance 
or  resolution  direct. 


NUISANCES :  The  question  of  whether  anything  is  a  public  nuisance  or 
not  Is  one  depending  upon  the  particular  facts. — People  v.  Carpenter,  1  /  273 ; 
Crlppen  v.  People,  8/117;  Clark  v.  Ice  Co.,  24/508;  "City  of  Erie"  v. 
Canfleld,  27  /  479.  Declaring  a  thing  to  be  a  nuisance  does  not  make  It  so, 
if  not  so  in  fact. — Horn  v.  People,  26/226;  St.  Johns  v.  McFarlan,  33/74. 
The  council  cannot  determine  what  is  a  nuisance;  that  is  a  question  for  the 
courts. — Everett  v.  Marquette,  53  /  452.  That  which  is  permitted  by  com- 
petent authority  Is  not  a  nuisance. — G.  R.  &  I.  R.  R.  Co.  v.  Helsel,  38/62; 
Chope  v.  Plank  Road  Co.,  37  /  195  ;  Att'y  Gen.  v.  Boom  Co.,  34  /  462.     A  pub- 


LAWS    RELATING    TO    PUBLIC    HEALTH.  61 

lie  nuisance  must  be  something  that  subjects  the  people  to  inconvenience  or 
annoyance. — People  v.  Carpenter,  1  /  273  ;  Clark  v.  Ice  Co.,  24  /  508  ;  Att'y 
Gen.  v.  Boom  Co.,  34  /  462.  A  city  ordinance  prohibiting  the  creation  or 
maintenance  of  a  nuisance  is  not  invalid  or  unconstitutional  because  the 
general  statutes  of  the  state  provide  for  the  conviction  and  punishment  of 
those  guilty  of  the  like  offense. — People  v.  White  Lead  Works.  82  /  471 ; 
People  v.  Hanrahan,  75  /  611.  See  Flaherty  v.  Moran,  81  /  52 ;  Kuzniak  v. 
Kozminski,  107/444. 

(178)  §  2817.     Sec.  49.     If  any  cellar,  vault,  lot,  sewer,  Cellars,  vaults, 
drain,  place  or  premises  within  the  village,  shall  be  damp,  SWnuisaences. 
unwholesome,  offensive  or  filthy,  or  be  covered  during  any 

portion  of  the  year  with  stagnant  or  impure  water,  or  shall 
be  in  such  condition  as  to  produce  offensive  exhalations,  the 
council  may  cause  the  same  to  be  drained,  filled  up,  cleansed 
or  purified;  or  may  require  the  owner  or  occupant,  or  person 
in  charge  of  such  lot,  premises  or  place,  to  perform  such 
duty;  and  may  require  the  owner  or  occupant  of  any  build- 
ing, fence  or  structure  which  may  be  ruinous,  or  liable  to  fall 
and  injure  persons  or  property,  to  pull  down  or  remove  the 
same,  or  the  council  may  cause  the  same  to  be  done  by  any 
officer  of  the  village. 

(179)  §  2818.    Sec.  50.    If  the  owner  or  occupant  of  any  Expense  for 
lot  or  premises,  when  required  by  the  council  or  board  of removaL 
health   to   remove   any   unsafe   building   or  structure,   or  to 
cleanse,  purify  or  drain  such  lot  or  premises,  or  to  abate  or 
remove  any  nuisance  therefrom,  shall  neglect  so  to  do,  and 

the  council  shall  incur  any  expense  in  causing  the  same  to  be 
done,  such  expense  may  be  charged  upon  such  lot  or  premises, 
and  collected  as  a  special  assessment  thereon;  or  such  ex- 
pense may  be  recovered  by  the  village  in  an  action  of  debt 
or  assumpsit  against  the  owner  or  occupant  of  any  such  lot 
or  premises. 

(180)  §  2819.     Sec.  51.     The    council,    when    they    shall  Offensive 
deem  it  necessary,  may  from  time  to  time  assign,  by  ordi-  occupations, 
nance,  certain  places  for  the  exercise  of  any  trade  or  em-  {JJJSJf1 10 
ployment  offensive  to  the  inhabitants,   or  dangerous  to  the 

public  health;  and  may  forbid  the  exercise  thereof  in  places 
not  so  assigned;  and  may  change  or  revoke  such  assignments 
at  pleasure;  and  whenever  a  business  carried  on  in  any  place 
so  assigned  or  in  any  other  place  in  the  village,  shall  be- 
come hurtful  and  dangerous  to  the  health  of  the  neighbor- 
hood, the  council  may  prohibit  the  further  exercise  of  such 
business  or  employment  at  such  place. 


MARKETS. 

(181)     §  2809.     Sec.  41.    The  council  of  any  village  shall  Markets  and 
have  the  power  to  establish  and  regulate  markets  and  market  Stabn4h-laces' 
places,  for  the  sale  of  meats,  fish,  vegetables,  and  other  pro-  ment  of- 
visions  and  articles  necessary  for  the  sustenance  and  conveni- 
ence of  the  inhabitants;  to  prescribe  the  times  for  opening 
and  closing  the  same;  the  kind  and  description  of  articles 


62 


STATE    OP    MICHIGAN. 


which  may  be  sold ;  and  the  stands  and  places  to  be  occupied 
by  the  venders. 

MARKET  PLACES :  Market  places  in  large  towns  are  a  convenience,  if 
not  an  absolute  necessity,  and  their  establishment  is  an  act  of  legislation. 
A  city  has  a  right  to  establish  and  maintain  a  public  market  on  premises  duly 
condemned  for  that  purpose,  even  though  it  be  an  incidental  consequence  that 
market  wagons  collect  in  the  neighborhood  and,  to  some  extent  obstruct  the 
streets. — Henkel  v.  Detroit,  49  /  258.  A  municipal  corporation,  possessing  the 
usual  charter  powers,  may  provide  itself  with  a  proper  market  building, 
either  by  renting,  buying  or  erecting  the  same. — Gale  v.  Kalamazoo,  23  /  351. 
The  occupation  of  land  by  a  city  for  market  purposes  is  In  no  sense  an 
easement.  It  is  a  proprietary  occupation,  as  much  as  if  a  private  owner  and 
not  the  city  had  so  occupied  it. — Cooper  v.  Detroit,  42  /  589.  Markets  are  as 
old  as  civilization,  and  public  market  places  have  in  many  countries  been 
identified  with  the  most  important  events  in  their  history.  The  purpose  of 
markets  has  always  been  to  secure  to  all  persons  the  privileges  and  con- 
veniences arising  from  a  general  concourse  of  buyers  and  sellers.  One  main 
object  is  to  enable  producers  to  meet  consumers  of  the  usual  necessaries  of 
life  directly,  and  without  the  interference  of  middle-men. — Att'y  Gen.  v. 
Detroit,  71  / 100.  A  city  may  be  authorized  to  impose  a  license  upon  markets. 
— Ash  v.   People,  11  /  347. 


Unsound 
meats,  etc., 
sale  of  pro- 
hibited. 


(182)  §  2810.  Sec.  42.  The  council  may  adopt  and  en- 
force such  regulations  as  may  be  necessary  to  prevent  fraud 
and  to  preserve  order  in  the  markets;  and  may  authorize  the 
immediate  arrest,  and  removal  from  the  market,  of  any  per- 
son violating  such  regulations,  together  with  any  article  in 
his  possession;  and  may  authorize  the  seizure  and  destruc- 
tion of  tainted  or  unsound  meats,  or  other  provisions  ex- 
posed for  sale  therein,  or  elsewhere  in  the  village. 


SEWERS'   AND   DRAINS. 

construction  (183)  §  2797.  Sec  29.  Whenever  the  council  shall  deem 
d£ainsTate  it  necessary  for  the  public  health,  they  may  require  the  own- 
ers and  occupants  of  lots  and  premises  to  construct  private 
drains  therefrom  to  connect  with  some  public  sewer  or  drain, 
and  thereby  to  drain  such  lots  and  premises ;  and  to  keep 
such  private  drains  in  repair  and  free  from  obstruction  and 
nuisance;  and  if  such  private  drains  are  not  constructed  and 
maintained  according  to  such  requirement,  the  council  may 
cause  the  work  to  be  done  at  the  expense  of  such  owner  or 
occupant,  and  the  amount  of  such  expense  shall  be  a  lien 
upon  the  premises  drained,  and  may  be  collected  by  special 
assessment  to  be  levied  thereon. 


CITIES. 

[Extract  from  Act  215,   P.   A.   1895.] 

PUBLIC    HEALTH. 

Chapter  XIV. 


council  has  (184)      §  3125.     Sec.  2.     The  council  shall  have  power  to 

abatcfaii  prevent  and  remove  or  abate  all  nuisances  dangerous  to  life 

nuisances.        or  health  within  the  city ;  and  may  require  any  person,  cor- 
poration or  company,  causing  such  nuisance,  and  the  owner 


LAWS    RELATING    TO    PUBLIC    HEALTH.  63 

or  occupant  of  any  lot  or  premises  upon  or  in  which  any  such 
nuisance  or  cause  of  disease  may  be  found,  to  remove  or 
abate  the  same,  upon  such  notice,  and  within  such  time,  and 
in  such  manner  as  the  council  may  by  ordinance  or  resolu- 
tion  direct. 

See  notes  to  ■section  177. 

(185)  §  3126.     Sec.  3.     If  any  cellar,  vault,  lot,  sewer,  Cellars, 
drain,  place,  or  premises  within  the  city  shall  be  damp,  un-  153  filthy 
wholesome,  offensive  or  filthy,  or  be  covered  during  any  por-  Places- 
tion  of  the  year  with  stagnant  or  impure  water,  or  shall  be  in 

such  condition  as  to  produce  unwholesome  or  offensive  ex- 
halations,  the   council   may   cause   the  same   to   be   drained,  Owner  or  oc- 
filled  up,  cleaned,  amended  or  purified ;  or  may  require  the  requ£eoUoy  be 
owner  or  occupant,  or  person  in  charge  of  such  lot,  premises  jgJJ  down 
or  place,  to  perform  such  duty  and  may  require  the  owner  buildings. 
or  occupant  of  any  building,  fence  or  structure,  which  may 
be  dangerous  or  liable  to  fall  and  injure  persons  or  prop- 
erty, to  pull  down  or  remove  the  same;  or  the  council  may 
cause  the  same  to  be  done  by  the  proper  officers  of  the  city. 

(186)  §  3127.    Sec.  4.    If  any  person,  corporation  or  com-  Recovery 
pany  shall  neglect  to  remove  or  abate  any  nuisance,  or  to  per-  Jj  IbE! 
form  any  requirement  made  by  or  in  accordance  with  any  nuisances. 
ordinance  or  resolution  of  the  council,  or  by  the  board  of 
health  of  the  city,  for  the  protection  of  the  health  of  the  in- 
habitants, and  if  any  expense  shall  be  incurred  by  the  city 

in   removing  or  abating  such   nuisance,  or  in  causing  such 
duty  or  requirement  to  be  performed,  such  expense  may  be 
recovered  by  the  city  in  an  action  of    debt    or    assumpsit 
against  such  person,  corporation  or  company.     And    in    all  Expense  of, 
cases  where  the  city  shall  incur  any  expenses  for  draining,  Sed  against 
filling,  cleansing  or  purifying  any  lot,  place  or  premises,  or  property. 
for   removing   any   unsafe  building   or  structure,   or  for  re- 
moving or  abating  any  nuisance  found  upon  any  such  lot 
or  premises,  the  council  may,  in  addition  to  all  other  reme- 
dies provided  for  the  recovery  of  such  expense,  charge  the 
same,  or  such  part  thereof  as  they  shall  deem  proper,  upon 
the  lot  or  premises  upon  or  on'  account  of  which  such  ex- 
pense was  incurred,   or  from   which   such  nuisance  was  re- 
moved or  abated,  and  cause  the  same  to  be  assessed  upon 
such  lot  or  premises  and  collected  as  a  special  assessment. 

(187)  §  3128.     Sec.  5.    The  council,  when  they  shall  deem  Location  of 
it  necessary,  may  from  time  to  time  assign,  by  ordinance,  cer-  sfveatradesen 
tain  places  within  the  city  for  the  exercising  of  any  trade  or 
employment  offensive  to  the  inhabitants  or  dangerous  to  the 

public  health;  and  may  forbid  the  exercise  thereof  in  places 
not  so  assigned  and  may  change  or  revoke  such  assignments 
at  pleasure ;  and  whenever  a  business,  carried  on  in  any  place 
so  assigned,  or  in  any  other  place  in  the  city,  shall  become 
hurtful  and  dangerous  to  the  health  of  the  neighborhood,  the 
council  may  prohibit  the  further  exercise  of  such  business 
or  employment  at  such  place. 


64 


STATE    OF    MICHIGAN. 


PRIVATE   DRAINS. 


Chapfer   XXI. 


council  may  (188)  §  3166.  Sec.  12.  Whenever  the  council  shall  deem 
vatfdrain?rfor  it  necessary  for  the  public  health,  they  may  require  the  own- 
f  ers  and  occupants  of  lots  and  premises  to  construct  private 


public  health. 


Expense  to 
be  a  lien  on 
premises. 


drains  therefrom  to  connect  with  some  public  sewer  or  drain, 
and  thereby  to  drain  such  lots  and  premises;  and  to  keep 
such  private  drains  in  repair  and  free  from  obstruction  and 
nuisance;  and  if  such  private  drains  are  not  constructed  and 
maintained  according  to  such  requirement,  the  council  may 
cause  the  work  to  be  done  at  the  expense  of  such  owner  or 
occupant,  and  the  amount  of  such  expense  shall  be  a  lien 
upon  the  premises  drained,  and  may  be  collected  by  special 
assessment  to  be  levied  thereon  in  the  manner  hereinafter 
provided  for  the  levying  and  collecting  of  special  assess- 
ments. 


MARKETS. 


Chapter  XIX. 


Regulation 
of  markets. 


To  preserve 
order  in 
markets. 


Seizure  of 

unsound 

meats. 


(189)  §  3150.  Section  1.  The  council  of  any  city  shall 
have  the  power  to  erect  market  houses,  establish  and  regu- 
late markets  and  market  places  for  the  sale  of  meats,  fish, 
vegetables  and  other  provisions  and  articles  necessary  to  the 
sustenance,  convenience  and  comfort  of  the  inhabitants;  to 
prescribe  the  time  for  opening  and  closing  the  same;  the 
kind  and  description  of  articles  which  may  be  sold;  and  the 
stands  and  places  to  be  occupied  by  the  venders. 

(190)  §  3151.  Sec.  2.  The  council  may  adopt  and  en- 
force such  rules  and  regulations  as  may  be  necessary  to  pre- 
vent fraud,  and  to  preserve  order  in  the  markets;  and  may 
authorize  the  immediate  seizure,  arrest  and  removal  from  the 
market  of  any  person  violating  its  regulations,  together  with 
any  articles  in  his  or  their  possession ;  and  may  authorize  the 
seizure  and  destruction  of  tainted  or  unsound  meats,  or  other 
unwholesome  provisions  exposed  for  sale  therein. 


Chapter  XXII. 


(191)     §  3186.    Sec.  14.    The  council  may  regulate  the  use 


To  regulate 

ii^higliways^"  of  the  public  highways,  streets,  avenues  and  alleys  of  the  city, 
streets,  etc.      subject  to  the  right  of  travel   and   passage  therein. 


Thev 


shall  have  authority  to  prescribe  the  stands  for  all  vehicles 
kept  for  hire,  or  designate  the  places  where  loads  o£  wood, 
coal,  hay  and  other  articles  may  stand  for  sale;  to  regulate 
traffic  and  sales  in  the  streets  and  upon  sidewalks;  to  regu- 
late  or  prohibit  the  display,  use  or  placing  of  signs,  adver- 
tisements and  banners,  awning  posts  and  telegraph,  tele- 
phone or  light  poles  and  wires  in  or  over  the  streets;  to  pro- 
hibit immoderate  riding  and  driving  in  the  streets  or  over 


LAWS    RELATING    TO    PUBLIC    HEALTH.  65 


bridges;  to  regulate  or  prohibit  all  such  sports,  amusements, 
proceedings  and  gathering  of  crowds  in  the  streets  as  may 
interfere  with  the  lawful  use  thereof,  or  render  travel  or  pas- 
sage therein  inconvenient  or  unsafe ;  to  prohibit  and  prevent  To  prevent 
the  running  at  large  of  beasts  and  fowls  in  the  streets  or  farge'of  beast, 
elsewhere  in  the  city,  and  to  impose  penalties  upon  the  own- fowl-  etc- 
ers  or  keepers  thereof  permitting  the  same;  to  cleanse  and  Abate 
purify  the  streets ;  and  to  prohibit,  prevent,  remove  and  abate  nuisances- 
all  nuisances  therein,  and  to  require  the  authors  and  main- 
tainers  thereof  to  remove  the  same  and  to  punish  them ;  and  Enforce 

police  regu- 

generally  to  prescribe  and  enforce  all  such  police  regula  lations. 
tions  over  and  in  respect  to  the  public  streets,  as  may  be 
necessary  to  secure  good  order  and  safety  to  persons  and 
property  in  the  lawful  use  thereof;  and  to  promote  the  gen- 
eral welfare;  and  in  addition  to  all  other  powers  herein 
granted,  the  council  shall  have  the  same  authority  and  pow- 
ers over  and  in  respect  to  the  public  streets  of  the  city,  as 
are  conferred  by  law  upon  highway  commissioners  in  town- 
ships. 

Fix   v.    Sissung,    83/563. 


PRIVATE    NUISANCES. 

[R.  S.   1846,   Ch.   112.] 

(192)  §  11209.     Section  1.     In  actions  on  the  case  for  a  Judgment  in 
private   nuisance,   when   the   plaintiff   prevails,   he   shall,   in  nuVsance.r 
addition  to  the  usual  judgment  for  damages  and  costs,  also 

have  judgment  that  the  nuisance  be  abated  and  removed,  un- 
less the  justice  holding  the  circuit  court  at  which  any  issue 
of  fact  joined  therein  shall  be  tried  shall  certify  in  the  min- 
utes of  such  trial,  that  the  abatement  thereof  is  unnecessary. 

(193)  §  11210.     Sec.  2.     In  case  of  a  judgment  that  the  Execution 
nuisance  be  abated  and  removed,  the  plaintiff  shall  have  ex-  and  warrant- 
ecution  in  the  common  form  for  his  damages  and  costs,  and 

a  separate  warrant  to  the  proper  officer,  requiring  him  to 
abate  and  remove  the  nuisance,  at  the  expense  of  the  de- 
fendant, in  like  manner  as  public  and  common  nuisances 
are  abated  and  removed. 

(194)  §  11211.  Sec.  3.  The  court  may,  on  the  applica-  how  war- 
tion  of  the  defendant,  order  a  stay  of  such  warrant  for  such  {J^^S 
time  as  may  be  necessary,  not  exceeding  six  months,  to  give 

him  an  opportunity  to  remove  the  nuisance,  upon  his  giving 
satisfactory  security  to  do  so  within  the  time  specified  in 
the  order. 

(195)  §  11212.  Sec  4.  The  expense  of  abating  and  re-  Expense, 
moving  the  nuisance  pursuant  to  such  warrant,  shall  be  col-  J^Ted?1" 
lected  by  the  officer  in  the  same  manner  as  damages  and 

costs  are  collected  upon  execution,  excepting  that  the  mater- 
ials of  any  buildings,  fences,  or  other  things  that  may  be 
removed  as  a  nuisance,  may  be  sold  by  the  officer,  in  like 
9 


66  STATE    OF    MICHIGAN. 


manner  as  goods  are  sold  on  execution  for  the  payment  of 
debts;  and  the  officer  may  apply  the  proceeds  of  such  sale 
to  defray  the  expenses  of  the  removal,  and  shall  pay  over 
the  balance  thereof,  if  any,  to  the  defendant  upon  demand; 
and  if  the  proceeds  of  the  sale  are  not  sufficient  to  defray 
the  said  expenses,  he  shall  collect  the  residue  thereof  as  be- 
fore provided. 
Equity  (196)     §  11213.     Sec.  5.    The  circuit  court  for  any  county 

jurisdiction,  shall  have  equity  jurisdiction  in  all  matters  concerning  nuis- 
ances, where  there  is  not  a  plain,  adequate  and  complete 
remedy  at  Jaw,  and  may  grant  injunctions  to  stay  or  prevent 
nuisances. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  67 


CHAPTER  V. 

CEMETERIES. 

An  Act  to  authorize  the  boards  of  health  of  the  several  townships 
of  this  state  to  acquire  and  enlarge  burying  grounds  and  approaches 
thereto  in  their  respective  townships  and  to  provide  the  manner 
of  acquiring  private  property  for  such  purpose. 

[Act  272,  P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(197)  Section   1.     The   boards  of  health  of  the  several  when  board 
townships  of  this  state,  whenever  they  may  deem  it  desirable  King0™ 
and  necessary,  may  provide  new  burying  grounds  in  their  re-  grounds- 
spective  townships,  or  may  enlarge  the  limits  of  any  exist- 
ing burying  grounds  therein,  and  may  provide  for  suitable 
approaches  thereto,  or  may  enlarge  the  limits  of  any  exist- 
ing approach  to  any  burying  ground  in  said  township;  and,  Compensation, 
in  case  said  board  of  health  shall  be  unable  to  agree  with 

the  owner  or  owners  of  any  land  or  any  rights  therein  which  J*™^ 
said  board  of  health  desire  to  include  within  the  limits  of 
such  burying  ground  or  approaches  thereto,  as  to  the  com- 
pensation to  be  paid  therefor,  said  board  of  health  may  au- 
thorize one  or  more  of  its  members  to  apply  to  the  circuit 
judge  or  any  circuit  court  commissioner  of  said  county,  or 
to  any  justice  of  the  peace  of  said  township  for  a  jury  of 
the  vicinage  to  ascertain  and  determine  the  just  compensa- 
tion to  be  paid  for  the  real  estate  acquired  by  said  board  of 
health  for  said  burying  ground  or  approaches  thereto,  or  any 
enlargement  thereof,  and  the  necessity  for  using  the  same; 
which  application  shall  be  in  writing  and  shall  describe  the 
real  estate  required  by  such  board  as  accurately  as  is  re- 
quired in  a  conveyance  of  real  estate. 

(198)  Sec.  2.     It  shall  be  the  duty  of  such  circuit  judge,  summoning 
circuit  court  commissioner,  or  justice  of  the  peace,  upon  such  of  jury- 
application  being  made  to  him,  to  issue  a  summons  or  venire, 
directed  to  the  sheriff  or  any  constable  of  the  county,  com- 
manding him  to  summon  eighteen  freeholders  residing  within 

the  vicinity  of  such  site,  who  are  in  no  wise  of  kin  to  the 
owner  of  such  real  estate,  and  not  interested  therein,  to 
appear  before  such  judge,  commissioner,  or  justice  at  the 
time  and  place  therein  named,  not  less  than  twenty  nor 
more  than  fifty  days  from  the  time  of  issuing  such  sum- 
mons or  venire,  as  a  jury  to  ascertain  and  determine  the  Purpose, 
just  compensation  to  be  made  for  the  real  estate  required 
by  such  board  of  health  for  burying  ground  purposes,  and 
the  necessity  for  using  the  same,  and  to  notify  the  owner 
or  occupant  of  such  real  estate,  if  he  can  be  found  in  the 


68 


STATE    OF    MICHIGAN. 


Notice,  when 
served. 


Board  to 
«ive  pre- 
vious notice. 


Publication  of. 


county,  of  the  time  when  and  the  place  where  such  jury  is 
summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  days 
before  the  time  specified  in  such  summons  or  venire  for  the 
jury  to  appear  as  hereinbefore  mentioned. 

(199)  Sec.  3.  Thirty  days  previous  notice  of  the  time 
when  and  the  place  where  such  jury  will  assemble  shall  be 
given  by  the  board  of  health  of  such  township,  where  the 
owner  or  owners  of  such  real  estate  shall  be  unknown,  non- 
residents of  the  county,  minors,  insane,  non  compos  mentis, 
or  inmates  of  any  prison,  by  publishing  the  same  in  a  news- 
paper published  in  the  county  where  such  real  estate  is  sit- 
uated; or  if  there  be  no  newspaper  published  in  such  county, 
then  in  some  newspaper  published  in  the  nearest  county 
where  a  newspaper  is  published,  once  in  each  week  for  four 
successive  weeks,  which  notice  shall  be  signed  by  the  board 
of  health  or  by  the  township  clerk  of  such  township,  and 
shall  describe  the  real  estate  required  for  such  burying 
ground,  and  state  the  time  when  and  place  where  such,  jury 
will  assemble,  and  the  object  for  which  they  will  assemble; 
or  such  notice  may  be  served  on  such  owner  personally,  or  by 
leaving  a  copy  thereof  at  his  last  place  of  residence. 

(200)  Sec.  4.  It  shall  be  the  duty  of  such  judge,  com- 
missioner, or  justice,  and  of  the  persons  summoned  as  jurors, 
as  hereinbefore  provided,  and  of  the  sheriff  or  constable 
summoning  them,  to  attend  at  the  time  and  place  specified 
in  such  summons  or  venire;  and  the  officer  who  summoned 
the  jury  shall  return  such  summons  or  venire  to  the  officer 
who  issued  the  same,  with  the  names  of  the  persons  sum- 
moned by  him  as  jurors,  and  shall  certify  the  manner  of 
notifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
found;  and  if  he  could  not  be  found  in  said  county,  he  shall 
certify  that  fact.  Either  party  may  challenge  any  of  the  said 
jurors  for  the  same  causes  as  in  civil  action.  If  more  than 
twelve  of  said  jurors  in  attendance  shall  be  found  qualified 
to  serve  as  jurors,  the  officer  in  attendance,  and  who  issued 
the  summons  or  venire  for  such  jury,  shall  strike  from  the 
list  of  jurors  a  number  sufficient  to  reduce  the  number  of 
jurors  in  attendance  to  twelve;  and  in  case  less  than  twelve 
of  the  number  so  summoned  as  jurors  shall  attend,  the  sheriff 
or  constable  shall  summon  a  sufficient  number  of  freeholders 
to  make  up  the  number  of  twelve;  and  the  officer  issuing  the 
summons  or  venire  for  such  jury,  may  issue  an  attachment 
for  any  person  summoned  as  a  juror  who  shall  fail  to  attend, 
and  may  enforce  obedience  of  such  summons,  venire  or  at- 
tachment, as  courts  of  record,  or  justices'  courts  are  author- 
ized to  do  in  civil  cases. 

(201)  Sec.  5.  The  twelve  persons  selected  as  the  jury 
shall  be  duly  sworn  by  (he  judge,  commissioner,  or  justice 
iu  attendance,  faithfully  and  impartially  to  inquire,  ascer- 
tain,  and  determine  the  just  compensation  to  be  made  for  the 


Judge,  etc. 
<iuty  of. 


Summons, 
who  to 
return. 


Jurors, 
selection  of. 


Attachment. 


How  sworn. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  6£ 

real  estate  required  by  such  board  of  health  for  such  burying 
ground,  and  the  necessity  for  using  the  same  in  the  manner 
proposed  by   such  board  of  health,   and    the    persons    thus 
sworn   shall    constitute   the  jury   in   such   case.      Subpoenas  Subpoena. 
for  witnesses  may  be  issued,  and  their  attendance  compelled 
by  such  circuit  judge,  commissioner,  or  justice  in  the  same 
manner  as  may  be  done  by  a  circuit  court  or  by  a  justice 
court  in  civil  cases.     The  jury  may  visit  and  examine  the  Jury,  what  to* 
premises,   and   from   such   examination   and   such  other  evi- detenmne- 
dences  as  may  be  presented  before  them,  shall  ascertain  and 
determine   the   necessity   for   using  such   real   estate  in  the 
manner  and   for  the  purpose   proposed  by    such    board    of 
health,  and  the  just  compensation  to  be  made  therefor ;  and  Certificate, 
if  such  jury  shall  find  that  it  is  necessary  that  such  real  Sate.to 
estate  shall  be  used  in  the  manner  or  for  the  purpose  pro- 
posed by  such  board  of  health,  they  shall  sign  a  certificate 
in  writing,  stating  that  it  is  necessary  that  said  real  estate, 
describing  it,  should  be  used  as  a  burying  ground  or  as  an 
addition   to  a  burying  ground   already  established   in  such 
townships,  or  as  an  approach  thereto;  also  stating  the  sum 
to  be  paid  by  such  township  as  the  just  compensation  for 
the  same.    The  said  circuit  judge,  circuit  court  commissioner,  circuit  judge. 
or  justice  of  the  peace,   shall   sign  and   attach  to   and  en-  cite  otwhat 
dorse  upon  the  certificate  thus  subscribed  by  the  said  jurors, t0  state- 
a   certificate  stating  the  time  when   and    the    place    where 
the  said  jury  assembled,  that  they  were  by  him  duly  sworn 
as  herein  required,  and  that  they  subscribed  said  certificate. 
He  shall  also  state  in  such  certificate  who  appeared  for  the 
respective   parties   on   such   hearing   and   inquiry,   and   shall 
deliver   such   certificates   to   the   township   clerk,   or  to   any 
member  of  the  board  of  health  of  such  township. 

(202)  Sec.  6.     Upon  filing  such  certificates  in  the  circuit  Judgment. 
court  of  the  county  where  such  real  estate  is  situated,  such 

court  shall,  if  it  finds  all  the  proceedings  regular,  render 
judgment  for  the  sum  specified  in  the  certificate  signed  by 
such  jury,  against  such  township,  which  judgment  shall  be 
collected  and  paid  in  the  manner  as  other  judgments  against 
townships  are  collected  and  paid. 

(203)  Sec.  7.    In  case  the  owner  of  such  real  estate  shall  when  owner 
be  unknown,  insane,  non  compos  mentis,  or  an  infant,  or  can- l   ane' 
not  be  found  within  such  county,  it  shall  be  lawful  for  the  Amount, 
said  township  to  deposit  the  amount  of  such  judgment  with  how  deP°slte(i- 
the  county  treasurer  of  such  county,  for  the  use  of  the  per- 
son or  persons  entitled  thereto ;  it  shall  be  the  duty  of  such  county 
county  treasurer  to  receive  such  money,  and  at  the  time  of  re-  drnToT" 
ceiving  it,  to  give  a  receipt  or  certificate  to  the  person  deposit- 
ing the  same  with  him,  stating  the  time  when  such  deposit 

was  made,   and  for  what   purpose;   and  such  county  treas- 
urer and  his  sureties  shall  be  liable   on  his  bond  for  any  Liability, 
money  which  shall  come  into  his  hands  under  the  provisions 
of  this  act,  in  case  he  shall  refuse  to  pay  or  account  for  the 


70 


STATE    OF    MICHIGAN. 


Proviso. 


Court  to  de- 
termine where 
title  in  fee 
vested. 


Writ  of 


Possession, 
when  taken. 


liespondent, 
removal  of. 


Disagreement 
of  jury. 


Adjournment . 


same,  as  herein  provided:  Provided,  That  no  such  money 
shall  be  drawn  from  such  county  treasury  except  upon  an 
order  of  the  circuit  court,  circuit  court  commissioner,  or 
judge  of  probate,   as  hereinafter  provided. 

(204)  Sec.  8.  Upon  satisfactory  evidence  being  presented 
to  the  circuit  court  of  the  county  where  such  real  estate  lies, 
that  such  judgment,  or  the  sum  ascertained  and  determined 
by  the  jury  as  the  just  compensation  to  be  paid  by  such  dis- 
trict for  such  burying  grounds,  has  l>een  paid,  or  that  the 
amount  thereof  has  been  deposited  according  to  the  provi- 
sions of  the  preceding  sections,  such  court  shall,  by  an  order 
or  decree,  adjudge  and  determine  that  the  title  in  fee  of  such 
real  estate  shall,  from  the  time  of  making  such  payment  or 
deposit,  forever  thereafter  be  vested  in  such  township  and 
its  successors  and  assigns,  and  shall,  in  and  by  such  order 
or  decree,  award  to  such  township  a  writ  of  possession  for 
the  recovery  of  the  possession  of  such  real  estate,  a  copy 
of  which  order  or  decree,  certified  by  the  clerk  of  said  county, 
shall  be  recorded  in  the  office  of  the  register  of  deeds  of  such 
county,  and  the  title  of  such  real  estate  shall  thenceforth, 
from  the  time  of  making  such  payment  or  deposit,  be  vested 
forever  thereafter  in  such  township  and  its  successors  and 
assigns  in  fee. 

(205)  Sec.  9.  Such  township  may,  at  any  time  after  mak- 
ing the  payment  or  deposit  hereinbefore  required,  enter  upon 
and  take  possession  of  such  real  estate  for  the  use  of  said 
township.  And  it  shall  be  the  duty  of  the  county  clerk  of 
said  county,  on  the  request  of  said  township,  to  issue  out  of 
and  under  the  seal  of  the  circuit  court  of  said  county  a  writ 
of  possession  as  awarded  in  such  order  or  decree;  which  writ 
shall  be  directed  to  the  sheriff  of  said  county,  and  shall  be 
tested  and  made  returnable,  and  shall  be  substantially,  so 
far  as  may  be,  in  the  same  form  provided  for  writs  of  pos- 
session in  actions  of  ejectment;  and  it  shall  be  the  duty  of 
such  sheriff  thereupon  to  remove  the  resj>ondent  or  re- 
spondents in  such  proceedings,  and  all  persons  holding 
under  them,  or  either  of  them,  from  the  real  estate  described 
in  such  decree  and  in  such  writ,  and  deliver  the  possession 
thereof,  with  the  appurtenances,  to  such  township. 

(206)  Sec.  10.  In  case  the  jury  hereinbefore  provided  for 
shall  not  agree,  another  jury  may  be  summoned  in  the  same 
manner,  and  the  same  proceedings  may  be  had,  except  that 
no  further  notice  of  the  proceedings  shall  be  necessary ;  but 
instead  of  such  notice,  the  judge,  commissioner,  or  justice 
may  adjourn  the  proceedings  to  such  times  as  he  shall  think 
reasonable,  not  exceeding  thirty  days,  and  shall  make  tin1 
process  to  summon  a  jury  returnable  at  such  time  and  place 
as  the  said  proceedings  snail  be  adjourned  to.  Such  proceed- 
ings may  be  adjourned  from  time  to  time  by  the  said  judge, 
or  commissioner,  or  justice,  on  the  application  of  either 
party,  and  for  good  cause,  to  be  shown   by  the  party  apply- 


LAWS    RELATING    TO    PUBLIC    HEALTH.  71 

ing  for  such  adjournment  unless  the  other  party  shall  con- 
sent to  such  adjournment;  but  such  adjournments  shall  not  Limit  of. 
in  all  exceed  three  months. 

(207)  Sec.  11.     In  case  the  said  burying  grounds  or  addi-  Encumbrance. 
tion  or  approach  thereto,  is  encumbered  by  mortgage,  levy, 

tax  sale,  or  otherwise,  as  aforesaid,  the  mortgagee,  or  other 
parties  claiming  to  be  interested  in  said  title,  shall  severally 
be  made  a  party  to  the  procedure  as  aforesaid,  and  shall  be  2gof 
authorized  upon  filing  of  the  certificate  of  the  jury  in  the 
circuit  court  of  said  county,  to  appear  before  the  circuit 
judge  and  make  proof  relative  to  their  proportionate  claims 
to  the  said  burying  grounds,  or  addition  or  approach  thereto, 
or  the  compensation  to  be  made  therefor,  as  determined  by 
said  jury.  And  the  said  circuit  judge  shall,  by  decree,  settle  settlement. 
their  several  claims  in  accordance  with  the  rights  of  the 
parties  respectively,  and  may  divide  the  sum  awarded  by  said 
jury  between  the  claimants  as  in  his  judgment  will  be  equit- 
able and  right,  rendering  against  said  township  a  separate 
judgment  for  each  of  the  amounts  so  awarded. 

(208)  Sec.  12.  The  circuit  judge,  judge  of  probate,  or  order  for 
circuit  court  commissioner  of  any  county  where  any  money  payment- 
has  been  deposited  with  the  county  treasurer  of  such  county, 

as  hereinbefore  provided,  shall,  upon  the  written  application 
of  any  person  or  persons  entitled  to  such  money,  and  upon 
receiving  satisfactory  evidence  of  the  right  of  such  appli- 
cant to  the  money  thus  deposited,  make  an  order  directing 
the  county  treasurer  to  pay  the  money  thus  deposited  with 
him  to  said  applicant;  and  it  shall  be  the  duty  of  such  county  How  paid. 
treasurer,  on  the  presentation  of  such  order,  with  the  receipt 
of  the  person  named  therein,  endorsed  on  said  order  and 
duly  acknowledged,  in  the  same  manner  as  conveyances  of 
real  estate  are  required  to  be  acknowledged  to  pay  the  same; 
and  such  order,  with  the  receipt  of  the  applicant  or  person 
in  whose  favor  the  same  shall  be  drawn,  shall,  in  all  courts 
and  places,  be  presumptive  evidence  in  favor  of  such  county 
treasurer,  to  exonerate  him  from  all  liability  to  any  person 
or  persons  for  said  money  thus  paid  by  him. 

(209)  Sec.  13.  In  case  any  circuit  judge,  circuit  court  subsequent 
commissioner,  or  justice  of  the  peace,  who  shall  issue  a  sum-  Proceedin^s- 
mons  or  venire  for  a  jury,  shall  be  unable  to  attend  to  any 

of  the  subsequent  proceedings  in  such  case,  any  other  circuit 
court  commissioner  or  justice  of  the  peace  may  attend  and 
finish   said   proceedings. 

(210)  Sec  14.  Circuit  judges,  circuit  court  commission- Fees,  etc. 
ers,  and  justices  of  the  peace,  for  any  services  rendered  under 

the  provisions  of  this  act,  shall  be  entitled  to  the  same  fees 
and  compensation  as  for  similar  services  in  other  special 
proceedings.  Jurors,  constables,  and  sheriffs  shall  be  en- 
titled to  the  same  fees  as  for  like  services  in  civil  cases  in 
circuit  court. 


72 


STATE    OF    MICHIGAN. 


An   Act  to  provide  for  vacating  cemeteries  in  townships. 


[Act  49,   P.   A.   1895.] 


The  People  of  the  State  of  Michigan  enact: 


Proceedings 
to  vacate 
cemeteries. 


Petition  to 
be  made  to 
board  of 
health. 


What  to 
set  forth. 


Notice  of 
petition  to  be 
published. 


Proviso  on 
failure  of 
board  to 
appoint 
attorney. 


Further 
proviso  as 
to  costs. 


Hearing  may 
be  continued 
without  notice 


(211)  §  2387.  Section  1.  That  whenever  complaint  is 
made  in  writing  to  the  board  of  health  of  any  organized 
township  in  this  state,  by  ten  or  more  residents  of  such  town- 
ship, setting  forth  the  fact  that  any  private  cemetery,  within 
the  bounds  of  said  township,  should  be  removed,  for  the  rea- 
son that  such  cemetery  has  become  commons,  or  has  become 
neglected  or  abandoned  by  its  owner  or  owners,  or  has  be- 
come a  public  nuisance,  or  shall  impede  the  growth  of  any 
city  or  village  in  said  township,  or  whenever  such  cemetery 
shall  endanger  the  health  of  the  people  living  in  the  imme- 
diate vicinity  thereof,  it  shall  become  the  duty  of  the  said 
township  board  of  health  to  forthwith  institute  proceedings 
to  vacate  said  cemetery  in  the  manner  hereinafter  provided. 
The  circuit  court  in  chancery,  of  the  county  in  which  such 
cemetery  is  located  is  hereby  authorized  to  vacate  the  same, 
or  any  part  thereof,  on  petition  made  to  such  court  as  herein 
provided. 

(212)  §  2388.  Sec.  2.  Said  petition  shall  be  made  by  the 
said  board  of  health  by  an  agent  or  attorney  appointed  by 
them  for  that  purpose,  who  shall  file  a  petition  signed  and 
sworn  to  by  him,  in  the  office  of  the  register  of  said  court  for 
the  proper  county,  which  petition  shall  set  forth  his  author- 
ity as  attorney  or  agent,  the  particular  reasons  for  making 
and  filing  such  petition,  and  a  distinct  description  of  the 
premises  on  which  such  cemetery  is  located,  -which  petition 
shall  be  filed,  as  aforesaid,  thirty  days  previous  to  the  first 
day  of  the  term  for  which  such  petition  shall  be  noticed  for 
hearing.  That  notice  of  the  pendency  and  hearing  of  such 
petition  shall  be  given  for  the  same  space  of  time,  by  pub- 
lishing the  same  in  a  newspaper  published  in  the  proper 
county,  once  in  each  week  for  four  successive  weeks  prior  to 
the  first  day  of  the  term  when  such  case  is  noticed  for  hear- 
ing: Provided,  That  should  said  board  of  health  neglect  or 
refuse  to  appoint  such  attorney  or  agent  within  thirty  days 
after  the  complaint  in  writing  shall  have  been  filed  with  said 
board,  then  any  freeholder  resident  of  said  township  may 
file  said  petition  and  proceed  in  the  same  manner  as  though 
regularly  appointed  as  such  agent  or  attorney:  Provided  fur 
ther,  Such  freeholder  may  be  required  upon  the  order  of  said 
court  to  furnish  security  for  costs  should  said  petition  be 
denied. 

(213)  §  2389.  Sec.  3.  That  the  hearing  on  such  petition 
may  be  continued  from  term  to  term,  in  the  discretion  of  the 
court,  without  further  notice;  that  all  testimony  may  be 
taken  in  open  court,  or  the  taking  of  the  same  may  be  re- 


LAWS    RELATING    TO    PUBLIC    HEALTH.  73 

ferred,  in  the  discretion  of  the  court,  to  a  circuit  court  com- 
missioner of  the  proper  county;  that,  under  the  discretion 
of  the  court,  proper  issues  may  be  made  for  the  determina- 
tion of  all  questions  of  law  and  fact,  and  all  questions  of 
compensation   to   any   person   or   persons   to   be   affected   by 
such  proceedings,  and  all  questions  touching  the  compensa- 
tion to  be  paid  by  the  person  or  persons  to  whom  said  prem- 
ises or  any  part  thereof  shall  be  sold  after  the  same  shall 
have  been  vacated  as  such  cemetery,  and  all  issues  of  fact 
may  be  tried  by  a  jury,  or  three  commissioners,  if  the  court 
shall  so  order,  and  any  person  adversely  interested  may  cause 
himself  to  be  made  defendant  to  such  petition.     In  all  cases  to  case  jury 
where  reference  shall  be  made  to  a  jury  or  commissioners ls  impane  e 
to  determine  the  compensation  to  be  paid  to  or  by  any  per- 
sons as  aforesaid,  the  proceedings  upon  such  reference  shall, 
so  far  as  practicable,  be  like  those  had  in  cases  where  a  jury 
is  impaneled  or  commissioners  are  selected,  to  ascertain  and 
determine   the   necessity   of   taking    lands,    franchises,    and 
other  property  for  the  construction  of  railroads,  and  to  ap- 
praise the  damages  and  compensation  to  be  allowed  therefor. 
If  upon    [the]    hearing,  such  petitioner  shall   produce  satis-  Court  to  order 
factory   evidence   to  the  court   that   the  notice   required   by  vacated 
this  act  has  been  given,  and  that  such  cemetery  should  be 
vacated  in  whole  or  in  part,  as  a  place  of  burial,  for  any  of 
the  reasons  given  in  this  act  for  vacating  cemeteries,  such 
court  shall  thereupon  order  that  such  cemetery  shall  be  va- 
cated, in  whole  or  in  part  as  a  place  of  burial.    That  a  copy  copy  of   " 
of  such  order,  certified  by  the  register  of  such  court  under  ?ecordedbe 
his  seal,  shall  be  recorded  by  the  petitioners  in  the  office  of 
the  register  of  deeds  of  the  proper  county. 

(214)     §  2390.     Sec.  4.     That  when  any  cemetery  shall  be  Dead  bodies ~] 
vacated  as  provided  in  this  act,  the  said  township  board  of  red^nniw61" 
health  shall  cause  all  the  dead  bodies  and  remains  buried  in  cemetery. 
said  cemetery  to  be  re-interred  in  the  cemetery  of  such  town- 
ship, if  they  have  one,  and  if  not,  then  in  some  suitable  ceme- 
tery in  an  adjoining  township,  in  a  prudent,  careful  and  re- 
spectful manner,  and  shall  cause  to  be  removed  and  again 
erected  over  the  proper  remains,  all  permanent  fences  around 
graves    and    lots,    all    tombstones    and    monuments,    with    as 
little  injury  as  the  case  will  admit :     Provided,  That  should  Proviso. 
the   cemetery   vacated   belong   to   any    religious    society    or 
church  and  there  be  another  suitable  cemetery  belonging  to 
the  same  church  or  denominational  society  within  said  town- 
ship or  an   adjoining  township,   then   said   removal   may  be 
made  to  such  cemetery  instead  of  to  the  township  cemetery: 
And  provided,  further,  That  no  removal  of  said  bodies  and  Proviso  as 
remains   shall   be   made   during  the   months   of   June,   July,  removti°f 
August   or   September,   excepting   in    the    upper    peninsula. 
Such  removal  and  the  cost  of  such  proceedings  under  this 
act,  shall  be  at  the  expense  of,  and  paid  by  the  township  in 
which  such  cemetery  is  situated,  except  that  in  cases  where 

10 


74 


STATE    OF    MICHIGAN. 


the  proceedings  are  instituted  by  an  individual,  without  the 
consent  of  the  township  board  of  health,  and  the  prayer  of 
the  petition  shall  be  denied  by  the  court,  then  and  in  that 
case,  the  person  so  instituting  the  proceedings  shall  be  re- 
quired to  pay  such  costs  as  may  be  allowed  by  order  of  the 
said  court. 

(215)  §  2391.  Sec.  5.  In  all  cases  where  the  land  va- 
cated shall  revert  to  said  township  or  to  any  person  or  per- 
sons, such  township  shall  on  demand,  and  upon  the  convey- 
ance of  said  lot,  where  conveyance  may  be  necessary,  to  said 
township  board  of  health  or  private  person,  repay  to  any 
owner  the  price  he  may  have  paid  for  his  lot. 
Land  to  revert       (216)     §  2392.     Sec  6.     In  all  cases  where  the  land  em- 

to  original 
grantor. 


Owner  of 
land  to  repay 
for  lots. 


Proviso. 


braced  in  the  cemetery  so  vacated  shall  not  exceed  one  acre 
in  area  it  shall  revert  to  the  original  grantor  or  his  heirs,  or 
be  so  conveyed  to  him  or  them  by  the  said  township  if  nec- 
essary: Provided,  Said  grantor  or  his  heirs  shall  first  pay 
to  said  township  the  value  of  said  land  based  upon  the  mar- 
ket price  of  like  land  in  the  immediate  vicinity. 


An   Act   to   provide   for   vacating   cemetery  plats  and  cemetery  grounds 
in  the  limits  of  incorporated  cities  and  villages. 

[Act  164,   S.  L.   1871.] 

The  People  of  the  State  of  Michigan  enact: 


Circuit  court 
in  chancery 
may  vacate 
cemeteries. 


Petition  for 
vacating. 


Notice  of 
hearing. 


(217)  §  3485.  Section  1.  That  whenever  the  trustees  of 
any  incorporated  village,  or  the  common  council  of  any  city, 
shall  by  resolution  adopted  by  them,  determine  that  the  dead 
bodies  buried  in  any  public  cemetery,  located  in  such  city  or 
village  should  be  removed  therefrom,  for  the  reason  that  such 
cemetery  shall  have  become  commons,  or  shall  impede  the 
growth  of  any  such  city  or  village,  or  shall  endanger  the 
health  of  the  people  living  in  the  immediate  vicinity  thereof, 
the  circuit  court  in  chancery  of  the  county  in  which  such 
cemetery  is  located  is  hereby  authorized  to  vacate  the  same, 
or  any  part  thereof,  on  petition  made  to  such  court  as  here- 
inafter provided. 

(21&)  §  3486.  Sec  2.  That  such  petition  shall  be  made 
in  behalf  of  said  trustees  or  common  council,  by  an  attorney 
or  agent  appointed  by  them  for  that  purpose,  who  shall  file 
a  petition,  signed  and  sworn  to  by  him,  in  the  office  of  the 
register  of  said  court  for  the  proper  county,  which  petition 
shall  set  forth  his  authority  as  attorney  or  agent,  the  par- 
ticular reasons  for  making  and  filing  such  petition,  and  a 
distinct  description  of  the  premises  on  which  such  cemetery 
is  located,  which  petition  shall  be  filed,  as  aforesaid,  thirty 
days  previous  to  the  first  day  of  the  term  for  which  such  peti- 
tion shall  be  noticed  for  hearing.  That  notice  of  the  pen- 
dency  and   hearing   of  such    j>etition   shall    be  given   for   the 


LAWS    RELATING    TO    PUBLIC    HEALTH.  75 

same  space  of  time,  by  publishing  the  same  ill  a  newspaper, 
published  in  the  proper  county,  once  in  each  week  for  four 
successive  weeks  prior  to  the  first  day  of  the  term  when  such 
case  is  noticed  for  hearing. 

(219)  §  3487.     Sec.  3.     That  the  hearing  of  such  petition  court  may 
may  be  continued  from  term  to  term,  in  the  discretion  of  the  hearingeand 
court,   without   further   notice;    that   all    testimony   inav   be  refer taking 

xi-  xi       x    i  •  £   xi  v  testimony  to  a 

taken  in  open  court,  or  the  taking  of  the  same  may  be  re-  circuit  court 
ferred,  in  the  discretion  of  the  court,  to  a  circuit  court  com-  coramissioner- 
missioner  of  the  proper  county;  that,  under  direction  of  the 
court,  proper  issues  may  be  made  for  the  determination  of 
all  questions  of  law  and  fact,  and  all  questions  of  compensa- 
tion to  any  person  or  persons  to  be   affected  by  such   pro- 
ceedings, and  all  issues  of  fact  may  be  tried  by  a  jury  if  the  Jury. 
court   shall   so  order,    and   any   person   adversely   interested 
may  cause  himself  to  be  made  defendant  to  such  petition.  Defendant. 
In  all  cases  where  reference  shall  be  made  to  a  jury  to  de-  Damages, 
terinine  the  compensation  to  be  paid  to  any  person  or  per- 
sons as  aforesaid,  the  proceedings  upon  such  reference  shall, 
so  far  as  practicable,  be  like  those  had  in  cases  where  a  jury 
is   empaneled    to   ascertain    and    determine   the   necessity   of 
taking    lands,    franchises,    and    other   property    for   the   con- 
struction of  railroads,  and  to  apprize  the  damages  and  com- 
pensation to  be  allowed  therefor.     If  upon  the  hearing  of  Order  for 
such   petition   the  petitioner   shall    produce  satisfactory   evi-  vacatmg- 
dence  to  the  court  that  said  trustees  or  common  council  have 
determined   as    aforesaid,   that   the   notice   required   by   this 
act  has  been  given,  and  that  such  cemetery  should  be  va- 
cated, in  whole  or  in  part,  as  a  place  of  burial,  for  any  of 
the  reasons  given  in  this  act  for  vacating  cemeteries,  such 
court  shall  thereupon  order  that  such  cemetery  shall  be  va- 
cated,  in   whole  or  in  part,   as   a  place  of  burial.     That  a 
copy  of  such  order,  certified  by  the  register  of  such  court  un- 
der his  seal,  shall  be  recorded  by  the  petitioner  in  the  office 
of  the  register  of  deeds  of  the  proper  county. 

(220)  §  3488.     Sec.  4.     That  when  any  cemetery  shall  be  Re-interment. 
vacated  as  provided  in  this  act,  the  said  trustees  or  common 

council  shall  cause  all  the  dead  bodies  and  remains  buried  in 
such  cemetery  to  be  re-interred  in  the  cemetery  of  such  city 
or  village,  if  they  have  one,  and  if  not,  then  in  some  suitable 
cemetery  not  more  than  six  miles  from  the  nearest  corporate 
limits  of  said  city  or  village,  in  a  prudent,  careful,  and  re- 
spectful manner,  and  shall  cause  to  be  removed  and  again 
erected  over  the  proper  remains,  all  permanent  fences  around 
graves  and  lots,  all  tombstones  and  monuments,  with  as  little 
injury  as  the  case  will  admit :  Provided,  That  no  removal  Proviso. 
of  said  bodies  and  remains  shall  be  made  during  the  months 
of  June,  July,  August,  or  September.  Such  removal,  and  the 
costs  of  the  proceedings  under  this  act,  shall  be  at  the  ex-  Expenses, 
pense  of  and  paid  by  the  city  or  village  in  which  such  cem- 
etery is  located. 


76 


STATE    OF    MICHIGAN. 


Prices  of  lots 
repaid. 


(221)  §  3489.  Sec.  5.  In  all  cases  where  the  title  to  the 
land  vacated  shall  revert  to  such  city  or  village,  such  city  or 
village  shall  on  demand,  and  upon  the  conveyance  of  said  lot 
(where  conveyance  may  be  necessary)  to  said  city  or  village, 
repay  to  any  owner  the  price  he  may  have  paid  for  his  lot. 


An  Act  to  authorize  boards  of  health  to  dispose  of  real  estate. 


Sale  of  real 
^estate  by 
board  of 
health. 


[Act  215.  S.  L.   1861.] 

The  People  of  the  State  of  Michigan  enact: 

(222)  §  4463.  Section  1.  That  any  board  of  health  of 
this  state  may  sell  and  convey  any  real  estate,  the  fee  of 
which  is  vested  in  them :  Provided,  That  no  real  estate  shall 
be  sold  by  virtue  of  this  act  which  is  or  has  been  in  actual 
use  as  a  cemetery  or  burial  ground,  unless  the  same  shall  be 
sold  by  an  order  of  the  circuit  court  upon  the  petition  of  the 
board  of  health  of  the  township  in  which  the  burial  ground  is 
situated. 


Board  of 
health  may 
hold  certain 
property. 


Trust  fund. 


Money  to  be 
i  n  vested. 


An  Act  to  authorize  township  boards  of  health  to  receive  and  hold 
any  property,  real  or  personal,  left  to  said  board  in  trust  for  the 
upkeep  of  any  cemetery  or  lots  therein,  and  permitting  said  board 
to  expend  such  funds  in  accordance  with  the  provisions  of  such 
trust. 

[Act   95,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(223)  Section  1.  The  township  board  of  health  of  any 
township  shall  have  power  in  its  discretion  to  take,  receive 
and  hold  any  property,  real  or  personal,  which  may  be 
granted,  transferred,  bequeathed  or  devised  to  such  board  in 
trust,  for  the  purpose  of  caring  for  or  keeping  in  good  re- 
pair any  lot  or  lots,  or  any  portion  thereof,  or  the  whole  or 
a  part  of  any  township  cemetery,  and  to  expend  the  same  as 
specified  in  such  trust. 

(224)  Sec.  2.  All  moneys  and  property  which  may  be 
received  by  said  board  by  way  of  gift,  grant,  devise  or  be- 
quest, for  cemetery  purposes,  shall  be  under  the  control  of 
said  board,  and  shall  be  held  in  trust  by  said  board,  subject 
to  the  terms  and  conditions  on  which  the  same  were  given, 
granted,  devised  or  bequeathed,  and  the  same  shall  constitute 
a  trust  fund.  If  left  in  money  it  shall,  unless  otherwise  ex- 
pressed by  those  making  such  gift,  grant  or  bequest,  be  in- 
vested as  a  permanent  rand  ia  good,  safe,  interest  bearing 
securities,  the  interest  therefrom  to  be  used  as  designated  in 
said  trust,  under  the  supervision  or  direction  of  the  said 
board;  and  no  part  of  such  income  shall  be  used  or  appro- 
priated for  other  than  the  purposes  expressed  in  said  trust, 


LAWS    RELATING    TO    PUBLIC    HEALTH.  77 


except  the  paying  of  the  clerk  of  said  board  for  his  services 
in  carrying  out  the  provisions  of  said  trust,  which  amount 
shall  be  determined  by  the  board. 

(225)  Sec.  3.     Neither  the  whole  nor  any  part  of  the  prin-  Trust  fmici\. 
cipal  or  income  derived  from  said  trust  fund  shall  be  either  transferred,. 
temporarily  or  permanently  transferred  to  the  general  cem- etc- 
etery  or  other  fund,  or  used  for  general  cemetery  purposes, 

or  diverted  in  any  way  contrary  to  the  provisions  of  the  trust 
under  which  the  same  was  received. 

(226)  Sec.  4.     The  clerk  of  said  board  shall  be  the  treas-  Treasurer 
urer  of  said  board  and  custodian  of  such  trust  fund,  and and  custodianr- 
said   board   shall   take  into   consideration   this   duty   of  the 

clerk  in  fixing  the  amount  of  his  official  bond,  which  in  all 
cases  shall  be  adequate  to  cover  the  moneys  or  property  under 
his  control  for  the  purposes  of  this  act. 


78 


STATE    OF    MICHIGAN. 


CHAPTER  VI. 


EMBALMING. 


An  Act  empowering  the  state  board  of  health  to  determine  the  quali- 
fications necessary,  examine  and  license  persons  qualified  to  practice 
the  art  of  embalming  and  regulate  the  practice  of  embalming  dead 
human  bodies,  and  to  repeal  act  number  two  hundred  thirty-three 
of  the  public  acts  of  nineteen  hundred  one. 

[Act  132,   P.  A.   1003.] 

The  People  of  the  State  of  Michigan  enact: 


Embalmer's 
license. 


Embalming 

•  iefiiu'd. 


(227)  Section  1.  The  state  board  of  health  is  hereby  au- 
thorized and  empowered  to  determine  the  qualifications  nec- 
essary to  enable  any  person  to  properly  embalm  dead  human 
bodies  and  disinfect  the  premises.  The  said  board,  or  some 
member  thereof,  shall  examine  all  applicants  for  an  em- 
balmer's license,  and  shall  issue  an  embalmer's  license  to  all 
persons  who  successfully  pass  such  examination.  No  person 
shall  embalm  any  dead  human  body,  unless  he  shall  hold  a 
valid  unrevoked  and  unexpired  license  from  the  Michigan 
state  board  of  health  authorizing  him  to  practice  the  art  of 
embalming.  All  persons  who  are  engaged  in  the  business  of 
undertaking,  or  who  profess  to  be  engaged  in  such  business, 
or  who  hold  themselves  out  to  the  public  as  undertakers,  or 
embalmers,  shall  be  required  to  possess  a  certificate  showing 
that  they  are  licensed  embalmers  or  have  constantly  em- 
ployed a  licensed  embalmer.  Any  person  embalming  or  at- 
tempting to  embalm,  or  caring  or  attempting  to  care  for  a 
dead  human  body,  either  as  an  embalmer  or  as  assistant  em- 
balmer or  undertaker,  except  under  the  immediate  and  per- 
sonal direction  of  a  licensed  embalmer,  shall  be  deemed  to  be 
practicing  the  art  of  embalming,  and  any  person  so  embalm 
ing  or  caring,  or  attempting  to  care  for  a  dead  human  body,  or 
who  shall  prepare  for  transportation  or  burial  or  otherwise 
dispose  of  any  dead  human  body,  or  hold  himself  out  as  prac- 
ticing embalming,  without  being  the  holder  of  an  embalmer's 
license  granted  by  the  state  board  of  health,  shall  he  deemed 
guilty  of  a  violation  of  this  act.  The  term  embalming  as 
used  in  this  act  shall  be  taken  to  mean  the  disinfection  or 
preservation  of  the  dead  human  body,  entire  or  in  part,  by 
the  use  of  chemical  substances,  fluids  or  gases  ordinarily 
used,  prepared  or  intended  for  such  purpose,  either  by  out- 
ward application  of  such  chemical  substances,  fluids  or  gases 
on  the  body,  or  by  the  introduction  of  same  into  the  body 
by  vascular  or  hypodermic  injection  or  by  direct  application 
into  the  organs  or  cavities.  The  finding  of  any  such  chemi- 
cal substance,  fluid  OP  gas  ordinarily  used  in  embalming,  or 


LAWS    RELATING    TO    PUBLIC    HEALTH.  76 

any  trace,  evidence  or  appearance  thereof  upon  a  dead  human 
body,  the  use  of  which  is  prohibited  except  by  licensed 
embalmer,  or  the  placing  thereof  on  a  dead  human  body 
by  any  person  who  is  not  a  holder  of  an  embalmer's  license 
shall  constitute  prima  facie  evidence  of  the  violation  of  the 
terms  of  this  act:  Provided,  That  nothing  in  this  act  shall 
apply  to  any  person  who  prepares  dead  human  bodies  for  bur- 
ial without  the  assistance  of  an  undertaker  or  embalmer,  or 
without  acting  in  the  capacity  of  an  embalmer  or  under- 
taker. 

Am.    1907,   Act   151. 

(228)  Sec.  2.     Embalmers'  examinations  shall  be  held  in  ^™hSdions' 
the  city  of  Lansing,  at  least  once  each  year,  and  at  such  other 

times  and  places  as  the  said  board  may  designate:  Provided, 
That  an  examination  shall  be  held  once  each  calendar  year 
in  the  upper  peninsula,  if  five  or  more  residents  of  the  upper 
peninsula  shall  have,  on  file  with  the  secretary  of  the  said 
board  their  applications  for  licenses.  The  said  board  is  here- 
by authorized  to  send  not  more  than  two  of  its  members  to 
the  upper  peninsula  to  conduct  embalmers'  examinations 
there.  The  members  of  the  said  board,  except  the  secretary, 
who  are  present  and  assist  in  any  such  examinations  shall 
receive  ten  dollars  per  diem  for  the  time  actually  spent,  in 
addition  to  reimbursement  for  such  expenses  as  they  may 
actually   incur. 

Am.  Id. 

(229)  Sec.  3.     No  person  shall  be  granted  a  license  under  Qualifications 

tor  lic6iisc 

this  act,  unless  he  shall  have  had  at  least  two  years  actual, 
practical  instruction  in  embalming  and  disinfecting  under  a 
licensed  embalmer  in  this  state,  or  at  least  one  year  of  such 
instruction  and  has  completed  a  course  in  some  school  of  em- 
balming whose  standing  is  recognized  by  the  state  board  of 
health,  or  who  shall  have  been  actively  engaged  in  the  prac- 
tice of  embalming  for  five  years  last  past  prior  to  the  date 
of  his  examination.  Each  applicant  for  a  license  shall  be 
examined  orally  and  in  writing  in  the  following  subjects: 
Anatomy,  sanitary  science  and  disinfection,  the  care,  preser- 
vation, embalming,  transportation  and  burial  of  dead  human 
bodies,  and  shall,  at  the  request  of  the  board,  demonstrate 
his  proficiency  as  an  embalmer  by  operation  on  a  cadaver. 
All  applications  under  this  act  shall  be  upon  blanks  fur- 
nished by  the  state  board  of  health  and  shall  be  accompanied 
by  a  fee  of  five  dollars  and  a  photograph  of  the  applicant. 
All  applicants  for  license  to  practice  embalming  shall  have 
attained  the  age  of  twenty-one  years  and  must  furnish  a 
certificate  of  good  moral  character,  signed  by  three  respons- 
ible citizens,  one  of  whom  must  be  a  licensed  embalmer  who 
has  been  personally  acquainted  with  the  applicant  for  at 
least  one  year.     All  applicants  shall  furnish  the  state  board 


80 


STATE    OF    MICHIGAN. 


of  health  satisfactory  evidence  of  their  proficiency  in  a  com- 
mon school  education,  that  they  have  had  at  least  two  years' 
practical  experience  under  a  licensed  embalmer  in  this  state, 
or  have  had  a  practical  experience  of  not  less  than  one  year 
under  a  licensed  embalmer  in  this  state  and  have  completed 
the  regular  course  of  instruction  in  a  school  of  embalming 
recognized  as  being  in  good  standing  by  said  board:  Pro- 
vided, That  any  person  now  holding  an  embalmer's  license 
issued  by  the  state  board  of  health  under  authority  of  act 
number  one  hundred  thirty-two  of  the  public  acts  of  nine- 


Proviso, 
present 
license 
holders. 


Further  pro- 
viso, foreign 
licenses. 


Proviso. 


Proviso. 


teen  hundred  three,  shall  be  deemed  to  be  a  licensed  em- 
balmer under  the  provisions  of  this  act,  but  such  license  shall 
terminate  and  expire  on  the  thirty-first  day  of  July,  nineteen 
hundred  seven,  unless  sooner  revoked  or  cancelled,  who  shall 
be  entitled  to  registration  without  examination  upon  pay- 
ment of  the  fee  herein  provided  for:  Provided  further,  That 
any  person  holding  a  valid,  unrevoked  and  unexpired  license 
in  another  state  or  territory  having  substantially  similar  re- 
quirements to  those  existing  in  this  state,  provided  that  such 
states  or  territories  recognize  licenses  issued  by  the  Michigan 
state  board  of  health,  may  be  granted  a  license  to  practice  in 
this  state  upon  filing  with  the  secretary  of  this  board  a  cer- 
tified statement  from  the  secretary  of  the  examining  board  of 
the  state  or  territory  in  which  the  applicant  holds  a  license, 
showing  the  rating  upon  which  said  license  was  granted,  to- 
gether with  his  recommendation,  and  if  satisfactory  to  this 
board  i,t  shall,  upon  receipt  of  a  fee  of  ten  dollars  grant  such 
license.  The  owner  of  any  license  or  renewal  provided  for  in 
this  act  shall  cause  a  copy  of  same  to  be  filed  in  the  office  of 
the  local  registrar  of  each  city  or  village  wherein  he  intends 
to  practice  the  art  of  embalming,  and  no  transportation  per- 
mit shall  be  issued  by  the  local  registrar  to  any  person  who 
has  not  a  copy  of  such  license  or  renewal  on  file:  Provided, 
That  any  local  registrar  is  hereby  authorized  to  grant  a 
transportation  permit  to  any  embalmer  coming  from  beyond 
the  jurisdiction  of  said  registrar  upon  the  exhibition  of  a 
copy  of  said  license  or  renewal  to  said  registrar.  It  shall 
be  unlawful  for  any  railway  agent,  express  agent,  •  baggage 
master,  conductor,  or  other  person  acting  as  such,  to  receive 
the  dead  body  of  any  person  for  shipment,  or  transportation 
by  railway  or  other  public  conveyance,  to  or  from  any  point 
in  this  state  or  to  a  point  outside  of  this  state,  unless  said 
body  be  accompanied  by  a  removal  or  shipping  permit  signed 
by  the  health  officer  of  the  local  board  of  health,  and  a  certifi- 
cate, attached  to  the  outside  box  containing  such  body,  show- 
ing the  name  and  official  number  of  the  embalmer  by  whom 
it  was  prepared,  and  the  method  of  preparation  employed : . 
Provided,  That  nothing  in  this  act  shall  be  so  construed  as 
to  prevent  the  shipment  of  dead  bodies  intended  for  use  for 


LAWS    RELATING    TO    PUBLIC    HEALTH.  81 

anatomical  purposes  within  this  state  when  the  same  are  so 
designated  by  the  shipper. 

Am.  Id. 

(230)  Sec.  4.     The  licenses  shall  be  signed  by  the  presi-  Renewals, 
dent  and  secretary  of  the  state  board  of  health  and  the  seal  etc' 

of  the  board  affixed  thereto.     No  license  shall  be  issued  or 
renewed  for  a  period  exceeding  one  year  and  all  licenses  and 
renewals  thereof  shall  expire  and  terminate  the  thirty-first 
day  of  July  following  the  date  of  their  issue,  unless  sooner, 
revoked  and  cancelled. 

(231)  Sec.  5.     Any  person  holding  an  embalmer's  license  Manner  of 
under  this  act  may  have  the  same  renewed  for  not  to  exceed 

one  year,  and  not  longer  than  to  July  thirty-first,  following 
the  date  of  such  renewal,  by  making  and  filing  with  the  sec 
retary  of  the  said  board  an  application  therefor  within  thirty 
days  preceding  the  expiration  of  his  license,  upon  blanks  pre- 
scribed by  the  said  board  and  upon  payment  of  fifty  cents 
renewal  fees :  Provided,  however,  That  any  person  neglect-  Proviso, 
ing  or  failing  to  have  his  license  renewed  as  above  inay  have 
the  same  renewed  by  making  application  therefor  during  the 
month  of  August  following,  and  upon  payment  of  two  dollars 
and  fifty  cents  revival  and  renewal  fees. 

(232)  Sec.  6.  The  secretary  of  the  state  board  of  health  Record  of 
shall  keep  a  record,  in  which  shall  be  registered  the  name  and 
business  address  of  every  person  to  whom  an  embalmer's  li- 
cense has  been  granted  in  accordance  with  this  act,  and  the 
number  and  date  of  such  license,  and  the  date  of  each  re- 
newal thereof.    In  the  month  of  September,  of  each  and  every 

year,  the  secretary  of  said  board  shall  supply  each  licensed 
embalmer,  and  the  various  transportation  companies  within 
this  state  with  a  list  of  all  embalmers  holding  a  license  under 
this  act,  then  in  force,  giving  the  names  of  such  persons,  their 
business  address  and  the  numbers  of  their  licenses.  The  sec-  Notices  of 
retary  of  said  board  shall  mail  notices  to  all  undertakers  in  examination- 
this  state  known  to  him,  at  least  fifteen  days  before  any  em- 
balmer's examination  is  to  be  held  in  the  lower  peninsula, 
advising  them  of  the  time  and  place  where  such  examination 
is  to  be  conducted,  and  shall  mail  notices  to  all  undertakers 
in  the  upper  peninsula  known  to  him,  at  least  fifteen  days 
before  any  embalmer's  examination  is  to  be  held  in  the  upper 
peninsula,  advising  them  of  the  time  and  place  where  such 
examination  is  to  be  conducted.  It  shall  be  the  duty  of  the 
secretary  of  the  state  board  of  health  to  prepare  under  the 
direction  of  the  said  board,  and  cause  to  be  printed,  all 
blanks  required  by  this  act  to  be  prescribed  by  the  state 
board  of  health.  The  secretary  of  said  board  shall,  between 
the  first  and  fifth  day  of  July,  of  each  and  every  year,  mail 
a  printed  notice  to  each  holder  of  a  license  under  this  act, 
advising  him  that  his  license  will  expire  the  thirty-first  day 

11 


82 


STATE    OP    MICHIGAN. 


Notice  to 

license 

holders. 


Report  of 
secretary. 


License, 
relative  to 
revocation  of. 


of  that  month,  and  enclose  him  therewith  a  blank  applica- 
tion for  renewal  thereof.  The  secretary  of  said  board  shall 
also,  between  the  first  and  fifth  days  of  August,  of  each  and 
every  year,  mail  a  notice  to  each  holder  of  a  license  under 
this*  act  that  has  not  been  renewed  during  the  preceding 
month,  advising  him  of  the  expiration  of  his  license,  and  of 
the  penalty  for  embalming  dead  human  bodies  without  hold- 
ing a  license  under  this  act,  and  the  conditions  and  terms 
upon  which  his  license  may  be  revived  and  renewed  during 
the  month  of  August.  All  notices  required  to  be  mailed  by 
any  provision  of  this  act,  shall  be  directed  to  the  last  known 
postoffice  address  of  the  party  to  whom  the  notice  is  sent. 

(233)  Sec.  7.  The  secretary  of  the  state  board  of  health 
shall  keep  a  record  of  all  fees  received  and  expenses  paid 
under  this  act  and  make  a  report  thereof  annually  to  the  gov- 
ernor. The  fees  collected  by  the  state  board  of  health  under 
this  act  shall  be  used  to  defray  the  expenses  incurred  by  said 
board  in  following  the  provisions  of  this  act  and  enforcing 
the  same,  and  for  no  other  purpose.  Any  surplus  on  hand  at 
the  end  of  each  fiscal  year  shall  be  covered  into  the  treasury 
of  the  state  for  the  benefit  of  the  general  fund  of  the  state. 

(234)  Sec.  8.  Whenever  the  state  board  of  health  shall 
have  reason  to  believe  that  any  person  to  whom  a  license  has 
been  issued  has  become  unfitted  to  practice  embalming  and 
disinfecting,  or  has  violated  any  of  the  provisions  of  this  act, 
or  any  rule  or  regulation  prescribed,  or  whenever  written 
complaint  of  a  licensed  embalmer,  substantiated  by  affidavits 
thereto,  charging  the  holder  of  an  embalmer's  license  with 
the  violation  of  any  provision  to  this  act  is  filed  with  said 
board,  it  shall  be  the  duty  of  the  said  board  to  notify  the 
person  in  question  that  it  has  reason  to  believe  that  he  has 
violated  the  provisions  of  law  and  that  his  license  ought  to 
be  revoked,  which  notice  shall  be  served  upon  him  either  by 
registered  mail  or  personal  service:  Provided,  That  when  a 
written  complaint  against  any  sucir  person  is  filed  with  said 
board,  either  by  a  member  thereof  or  a  licensed  embalmer, 
a  copy  thereof  shall  be  attached  to  the  notice  so  served  upon 
such  person.  The  said  notice  shall  set  forth  in  what  particu- 
lars it  is  claimed  there  has  been  a  violation  of  the  law,  or  for 
what  reason  the  person  is  believed  to  be  unfitted  to  longer 
prosecute  the  business  of  an  embalmer.  The  said  board  shall 
in  such  notice  definitely  fix  a  time  and  place  when  and  where 
it  will  be  in  session  for  the  purpose  of  considering  such  per- 
son's case,  which  time  shall  not  be  less  than  twelve  days  after 
the  service  of  notice  upon  the  person.  Such  person  shall  have 
the  right  to  appear  before  the  said  board  at  such  time  and 
place  to  dispute  the  charges  made  in  said  notice.  Any  mem- 
ber of  said  board  shall  have  the  right  to  administer  oaths 
to  witnesses.  If,  after  considering  all  of  the  facts  and  cir- 
cumstances the  board  shall  have  sufficient  reason  to  believe 
that  there  has  been  a  violation  of  the  provisions  of  this  act, 


I'ro\  i>o, 

written 
complaint. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  83 

or  a  violation  of  any  rule  or  regulation  prescribed  by  the 
said  board  for  the  preparation,  embalming,  shipping  or 
burial  of  any  dead  human  body,  or  that  such  person  is  un- 
fitted to  remain  a  licensed  embalmer  in  this  state,  it  shall 
have  the  right  to  revoke  and  cancel  the  license  theretofore 
granted  to  such  person. 

Am.    1907,   Act  151. 

i 

(235)      Sec.  9.     Any  person  who  shall  violate  any  of  the  Penalty  for 
provisions  of  this  act,  upon  conviction  thereof,  shall  be  pun-  3°act!°n 
ished  by  a  line  of  not  less  than  three  hundred  dollars  nor 
more  than  one  year,  or  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court.     Prosecutions  for  the  violation  Prosecutions, 
of  any  of  the  provisions  of  this  act,  may  be  brought  by  any  b?<^Sty  be 
person  in  the  name  of  the  people  of  the  state  of  Michigan, 
against  any  person  violating  any  of  the  provisions  of  this 
act,  before  any  court  of  competent  jurisdiction.     It  is  hereby  Prosecuting 
made  the  duty  of  all  prosecuting  attorneys  to  see  that  the  ttc^Sutfes. 
provisions  of  this  act  are  enforced  in  their  respective  coun- 
ties.    It  shall  also  be  the  duty  of  all  health  officers  in  their 
respective  cities  and  townships  to  inform  against  and  assist 
in  the  prosecution  of  all  persons  whom  there  is  reasonable 
cause  to  believe  are  guilty  of  violating  any  of  the  provisions 
of  this  act. 

Am.  Id. 

The  Act  of  1907,   amending  sections   1,  2,   3.  8  and  9,   was  ordered  to  take 
effect  September  8.   1908. 

Sec.   10  repeals  Act  233  of  1901. 


An  Act  to  provide  that  licensed  embalmers  may  act  as  subregistrars 
of  deaths  when  duly  authorized  by  the  secretary  of  state. 

[Act   115,   P.  A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(236)  Seqtion   1.     Any   embalmer  duly  licensed   by   the  Application 
state  board  of  health  as  provided  by  the  laws  of  the  state 

of  Michigan,  and  whose  license  has  not  been  revoked,  may 
make  application  to  the  secretary  of  state,  accompanied  by 
a  fee  of  one  dollar,  for  permission  to  act  as  subregistrar  of 
deaths  under  the  act  to  provide  for  the  registration  of  deaths 
in  Michigan  and  requiring  certificates  of  death,  being  sec- 
tions forty-six  hundred  fourteen  to  forty-six  hundred  twenty, 
inclusive,  of  the  compiled  laws  of  eighteen  hundred  ninety- 
seven. 

(237)  Sec.  2.     The  secretary  of  state  shall,  in  his  discre-  who  to 
tion,  grant  authority  to  any  licensed  embalmer  to  act  as  sub-  grant 
registrar  of  deaths,  in  which  capacity  he  shall  be  authorized 

to  issue  burial  permits  to  himself  for  deaths  occurring  in  any 
township  or  village    (but  not  city)    in   the  state  under  the 


84 


STATE    OF    MICHIGAN. 


When  may 
issue  burial 
permit. 


Certificates, 
where  filed. 


same  restrictions  as  those  governing  registrars.  He  shall 
sign  as  "Licensed  Embalmer,  No ,"  stating  the  num- 
ber of  his  license.  He  shall  not  issue  a  permit  to  himself, 
or  conduct  a  funeral,  until  he  shall  have  obtained  the  certi- 
ficate of  death,  properly  filled  out  in  all  respects  required 
by  the  registration  law,  legibly  and  correctly  in  ink.  He 
shall  personally  file  all  certificates  of  death  upon  which  he 
luis  issued  permits  to  himself  with  the  registrars  of  the 
townships  or  villages  in  which  the  deaths  occurred  on  or  be- 
fore the  third  day  of  the  month  following  that  in  which  the 
deaths  occurred,  and  failure  to  do  so  or  to  comply  strictly 
with  this  act  shall  warrant  the  immediate  cancellation  of 
his  authority  as  subregistrar  by  the  secretary  of  state.  An 
embalmer  whose  license  is  revoked  by  the  state  board  of 
health  shall  thereby  become  disqualified  as  a  subregistrar  of 
deaths.  Subregistrars  shall  receive  no  fees  or  other  com- 
pensation for  issuing  burial  or  removal  permits  or  transit 
permits  to  themselves,  or  for  transmitting  certificates  of 
death  to  the  township  or  village  clerks  under  this  act,  but 
the  regular  registrars  shall  receive  the  usual  compensation 
for  such  certificates  when  promptly  transmitted  under  the 
registration   law. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  85 


CHAPTER  VII. 

REGISTRATION  OF  NURSES. 

An  Act  to  provide  for  the  examination,  regulation,  licensing  and 
registration  of  nurses  and  for  the  punishment  of  offenders  against 
this  act. 

[Act  319,  P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(238)     Section  1.    The  governor  shall  appoint  by  and  with  Board  of  reg- 
tlie  advice  of  the  senate,  four  residents,  either  male  or  female,  to  compose.  ° 
three  of  whom  shall  be  graduated  nurses,  and  one  who  shall 
be  a  registered  physician  of  this  state,  wrho  shall  with  the 
secretary  of  the  state  board  of  health  constitute  a  board  of 
registration  of  nurses.     Such  appointees  shall  be  chosen  from  How  chosen. 
the  actual  residents  of  this  state  and,  except  the  registered 
physician,  from  nurses  wTho  have  graduated  from  reputable 
training  schools,  giving  at  least  a  two  years'  course  of  train 
ing,  served  in  hospitals  of  good  standing,  and  who  have  had 
five  years'  experience  in  nursing.     In  the  event  that  the  ap-  Term. 
pointment  of  a  successor  is  not  made  upon  the  expiration 
of  the  term  of  any  member,  such  member  of  said  board  shall 
hold  office  until  a  successor  is  duly  appointed.    The  governor  vacancies, 
shall   fill   vacancies   occasioned   by   death   or   otherwise   and 
may  remove  any  member  for  the  continued  neglect  of  duties 
required  by  this  act.    Vacancies  in  said  board  shall  be  filled 
in  accordance  with  the  provisions  of  this  act  for  the  estab 
lishment   of   the   original   board,   and   persons  appointed   to 
fill  vacancies  shall  hold  office  during  the  unexpired  portion 
of   the   term   for  which   their   predecessors   were   appointed. 
The  four   persons   so   appointed   shall   be   appointed   in   two  classes, 
classes  as  follows :     Two  shall   be  appointed  to   hold   office  Appointment, 
for  three  years  and  two  shall  be  appointed  to  hold  office  for terms- etc- 
six  years,  beginning  with  the  first  day  of  August,  nineteen 
hundred  nine,  and  until  their  successors  are  appointed,  and 
thereafter  the  governor  shall  sfppoint  on  or  before  the  first 
day  of  August  of  each  third  year  persons  qualified  as  afore- 
said in  each  class  to  hold  office  for  six  years  from  the  first 
day  of  August  next  ensuing.    Within  the  meaning  of  this  act,  Registered 
a  state  registered  nurse  is  defined  as  one  who,  for  hire  or  re-  dennedterrn 
ward,  nurses,  attends  and  ministers  to  the  sick  or  afflicted 
under  the  supervision  and  direction  of  a  legally  registered 
practitioner,  and  who  has  qualified  for  such  calling  or  pro- 
fession,  except   as   hereinafter    provided    in    section    three, 
article  four  of  this  act,  through  a  regular  course  of  instruc-  "" 

tion  and  practice  in  a  recognized  training  school  for  nurses 
connected   with   a   hospital,   sanitarium   or   state   institution 


86 


STATE    OF    MICHIGAN. 


for  the  consumptive,  insane  or  feeble-minded  and  compliance 
with  the  further  provisions  of  this  act. 

(239)  Sec.  2.  The  members  of  said  board  shall  meet  on 
the  first  Wednesday  of  November,  nineteen  hundred  nine,  at 
Lansing,  and  shall  elect  a  president,  vice  president  and  sec- 
retary from  their  own  number,  each  of  whom  shall  hold  his 
or  her  respective  office  for  two  years.  This  board  shall  adopt 
rules  and  regulations  not  inconsistent  with  this  act  to  govern 
its  proceedings,  and  shall  adopt  a  seal  of  which  the  secretary 
shall  have  the  care  and  custody.  The  secretary  shall  keep 
a  record  of  all  proceedings  of  the  board,  including  a  register 
of  the  names  of  all  nurses  duly  registered  under  this  act, 
which  shall  be  open  at  all  reasonable  times  to  public  scru- 
tiny. No  less  than  three  members  shall  constitute  a  quorum 
of  said  board  for  the  transaction  of  business.  Said  board 
shall  hold  one  regular  meeting  in  each  year,  and  such  addi- 
tional  meetings  at  such  times  and  places  as  it  may  determine. 
Notices  of  such  meetings  shall  be  published  in  two  news 
papers  of  general  circulation  in  the  state  and  in  one  nursing 
journal  at  least  thirty  days  previous  to  such  meeting.  The 
secretary  shall  give  to  the  state  treasurer  a  bond  in  the  penal 
sum  of  one  thousand  dollars,  with  one  or  more  sufficient 
sureties  to  be  approved  by  the  governor  for  the  faithful  dis- 
charge of  his  or  her  duties. 

(240)  Sec.  3.  On  and  after  the  first  day  of  December, 
nineteen  hundred  nine,  all  men  and  women  engaged  in  the 
practice  of  professional  nursing  and  all  who  may  wish  to  be- 
gin the  same  in  the  state,  except  as  hereinafter  provided, 
shall  make  application  to  said  board  to  be  registered  and  to 
be  furnished  a  certificate  of  such  registration.  This  regis- 
tration and  certificate  shall  be  granted  to  such  applicants 
as  shall  give  satisfactory  proofs  of  being  twenty -one  years 
of  age,  of  good  moral  character  and  of  having  received  the 
equivalent  of  a  grammar  school  education.  Each  applicant 
shall  comply  with  at  least  one  of  the  following  conditions: 
Without  examination: 

First.  The  applicant  shall  be  registered  and  shall  receive 
a  certificate  of  registration  without  examination,  if  he  or  she 
shall  present  a  diploma  issued  before  December  first,  nine 
teen  hundred  twelve,  by  a  training  school  connected  with  a 
general  hospital,  state  hospital,  sanitarium  or  special  hospi- 
tal, where  a  two  years'  course  of  training  is  required  with 
systematic  instruction  in  the  hospitals  or  from  one  or  more 
general  hospitals  of  good  standing,  supplying  a  systematic 
training  corresponding  to  the  above  standard. 

Second.  The  applicant  shall  be  registered  and  given  a  cer- 
tificate of  registration  without  examination,  if  he  or  she  shall 
have  a  diploma  from  a  training  school  connected  with  the 
general  hospital,  sanitarium  or  Special  hospital  giving  a  two 
years'  training;  or  prior  to  the  year  eighteen  hundred  ninety- 
five,  if  he  or  she  has  received  one  year's  training  in  any  of 


Meeting. 
Officers. 


Record  of 
proceedings. 


Quorum. 

Annual 
meeting. 


Notice  of. 


Secretary  to 
give  bond. 


Registration, 
etc.,  appli- 
cation for. 


When  granted, 


(Conditions. 


When  regis- 
tered without 
examination. 


Training 

school 

diploma. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  87 

the  aforesaid  institutions  under  conditions  satisfactory  to 
the  board  and  who  is  engaged  in  professional  nursing  at  the 
date  of  the  passage  of  this  act,  or  has  been  engaged  in  pro- 
fessional nursing  for  five  years  after  graduation  prior  to  the 
passage  of  this  act :  Provided,  Such  application  shall  be  Proviso, 
made  before  December  first,  nineteen  hundred  eleven. 

Third.     The  applicant  shall  be  registered  and  given  a  cer-  Certificate  of 
tificate   of   registration   after   December  first,   nineteen   Iran- registration- 
dred  ten,  who  shall  present  a  certified  copy  of  or  certificate 
of  registration  or  license  from   another  state  of  the  Union 
where    the    requirements    for    registration    shall  be    deemed 
by  said  board  to  be  equivalent  to  those  of  this  act,  upon  the 
payment  of  the  usual   fee  for  certificate. 
With  examination: 

Fourth.  Any  applicant  who  has  pursued  as  a  business  the  ^gSFma*10"' 
vocation  of  nursing  for  a  period  of  not  less  than  five  years  take. 
prior  to  the  passage  of  this  act,  and  who  presents  to  the 
board  a  certificate  stating  that  he  or  she  is  competent  to  give 
efficient  care  to  the  sick  under  the  direction  of  a  competent 
physician,  said  certificate  to  be  signed  by  one  registered  phy- 
sician and  two  registered  nurses,  shall  be  entitled  to  take 
such  examination  before  the  board  as  may  be  deemed  neces- 
sary to  determine  his  or  her  fitness  to  give  efficient  nursing- 
care  to  the  sick,  such  application  to  be  filed  within  the  two 
years  immediately  following  the  passage  of  this  act. 

Fifth.     After  December  first,  nineteen  hundred  twelve,  the  when  regis- 

TPFPfl     PTC* 

applicant  shall  be  registered  and  given  a  certificate  of  regis- 
tration if  he  or  she  shall  have  a  diploma  from  a  training 
school  connected  with  a  hospital  requiring  a  two  years- 
course  of  training  with  systematic  instruction  in  a  general 
hospital,  state  hospital,  sanitarium  or  special  hospital  in 
good  standing,  and  upon  passing  such  an  examination  before 
the  board  at  such  time  and  place  as  it  may  designate  and  in 
accordance  with  the  rules  prescribed  by  the  board,  which 
rules  shall  be  furnished  from  time  to  time  to  any  hospital, 
sanitarium  or  special  hospital  applying  therefor. 

(241)  Sec.  4.    Every  applicant  for  registration  under  this  Filing  fee. 
act  shall  pay  a  fee  of  ten  dollars  upon  filing  his  or  her  appli- 
cation.    Upon   the  issuance   of  a   certificate   of   registration 

each  nurse  shall  cause  a  copy  thereof  to  be  filed  with  the 
county  clerk  of  the  county  in  which  said  applicant  resides, 
with  an  affidavit  of  his  or  her  identity  as  the  person  to  whom 
the  same  was  issued,  and  his  or  her  place  of  residence  at  the 
time  of  examination  and  registration.  He  or  she  shall  be 
prepared,  whenever  requested,  to  show  his  or  her  certificate 
of  registration.  The  county  clerk  shall  charge  fifty  cents  for  Registra- 
registering  such  license.  tlon  fee- 

(242)  Sec.  5.  It  shall  be  the  duty  of  the  secretary  of  said  secretary  ot 
board  to  file  with  the  secretary  of  state  at  least  quarterly  a  ofoard'  * 
list  of  all  certificates  of  registration  issued  by  said  board, 

with  the  names  and  residences  of  the  persons  to  whom  such 
certificates  have  been  issued. 


88 


STATE    OF    MICHIGAN. 


Moneys,  to 
whom  paid. 


Compensation 


Statement  of 
expenses. 


Proviso. 


"Registered 

nurse." 


Certificate 
of  health. 


Penalty  for 
misdemeanor. 


Prima  fade 
evidence. 


When  not 
applicable. 


(243)  Sec.  6.  All  moneys  received  by  said  board  shall  be 
paid  to  the  state  treasurer  quarterly,  and  shall  be  credited 
to  the  general  fund  of  the  state,  and  a  receipt  for  the  same 
shall  be  filed  by  the  secretary  of  said  board  in  the  office  of 
the  auditor  general.  The  incidental  and  the  traveling  ex- 
penses of  said  board  shall  be  paid  from  such  fund  only.  The 
compensation  of  all  members  of  the  board  shall  be  at  the 
rate  of  five  dollars  a  day,  together  with  all  legitimate  ex- 
penses, which  shall  be  paid  from  the  aforesaid  fund,  for  each 
day  actually  engaged  in  attending  meetings  of  said  board, 
and  in  no  case  shall  any  more  be  paid  than  was  actually  ex- 
pended. The  secretary  shall  receive  extra  compensation  at 
the  rate  of  one  hundred  dollars  per  annum,  payable  quart 
erly.  A  statement  of  the  incidental  and  traveling  expenses 
of  the  members  of  the  board  shall  be  approved  by  said  board 
and  sent  to  the  auditor  general  of  the  state,  who  shall  draw 
his  warrant  upon  the  state  treasurer  for  the  amounts  due  as 
in  case  of  other  bills  and  accounts  under  the  provisions  of 
law:  Provided,  That  the  amount  so  paid  shall  not  exceed 
the  amount  received  by  the  state  treasurer  from  said  board 
in  fees,  as  herein  specified,  and  as  much  of  said  receipts  as 
may  be  necessary  is  hereby  appropriated  for  the  compensa- 
tion and  expenses  of  said  board  as  aforesaid. 

(244)  Sec.  7.  Any  person  who  shall  have  complied  with 
the  provisions  of  this  act  and  received  a  certificate  of  regis- 
tration shall  be  styled  and  known  as  a  "Registered  Nurse," 
and  be  entitled  to  append  the  letters  "R.  N."  to  his  or  her 
name. 

(245)  Sec.  8.  Any  person  properly  registered  under  the 
provisions  of  this  act  shall,  before  entering  any  service  in 
that  capacity,  furnish  a  certificate  of  good  health  from  a 
properly  registered  physician,  showing  that  he  or  she  is  free 
from  tuberculosis  or  any  specific  or  infectious  disease;  said 
certificate  to  be  renewed  semi-annually. 

(246)  Sec.  9.  Any  person  who  shall,  after  the  passage  of 
this  act,  practice  professional  nursing  as  a  registered  nurse 
without  first  complying  with  the  provisions  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  more  than  two 
hundred  dollars  or  by  imprisonment  in  the  county  jail  for 
a  period  of  not  more  than  ninety  days  or  by  both  such  fine 
and   imprisonment   for  each   offense. 

(247)  Sec  10.  When  any  person  shall  append  the  letters 
"R.  N."  or  shall  use  any  other  letter,  figures  or  sign  to  indi- 
cate that  he  or  she  is  a  registered  nurse,  it  shall  be  prima 
facie  evidence  of  practicing  professional  nursing  as  a  reg- 
istered nurse  within  the  meaning  of  this  act. 

(248)  Sec  11.  This  act  shall  not  apply  to  the  gratuitous 
nursing  of  the  sick  by  friends  or  by  members  of  the  family, 
nor  to  any  person  nursing  the  sick  for  hire,  but  who  shall  not 
in  any  way  assume  to  be  a  registered  nurse.     It  shall  not  be 


LAWS    RELATING    TO    PUBLIC    HEALTH.  89 

construed  to  interfere  in  any  way  with  religious  communities 
having  charge  of  hospitals  or  those  who  care  for  the  sick  in 
their  own  homes. 

(249)      Sec.  12.     Said  board  shall  have  the  power  to  re-  Certificate, 
voke  any  certificate  issued  by  said  board  in  accordance  with  re™catlon 
the  provisions  of  this  act  and  for  the  following  causes :  Gross  incompe- 
incompetency,  violations   of  the  provisions  of  this  act,   dis- 
honesty,   habitual    intemperance   or    any    act    derogatory   to 
the  morals  or  standing  of  the  profession  of  nursing,  as  may 
be  determined  by  the  board :    Provided,  That  such  revocation  proviso, 
shall  only  be  made  upon  specific  charges  in  writing,  under  gjjjjjk 
oath,  filed  with  the  secretarj',  and  by  a  majority  vote  of  the 
whole  board,  a  certified  copy  of  such  charges  and  thirty  days' 
notice  of  the  hearing  of  the  same  having    been    personally 
served  upon  the  holder  of  such  certificate.     Said  board  shall 
be  authorized  to  furnish  a  list  of  the  names  and  addresses 
of  those  whose  certificates  have  been  revoked  to  the  board 
of  examiners  of  other  states  upon  the  written  request  of  such 
board. 

Sec.   13   repeals  contravening  acts. 
12 


90 


STATE    OF    MICHIGAN. 


CHAPTER   VIII. 

MISCELLANEOUS. 

TETANUS.     (LOCKJAW.) 

An  Act  to  prevent  the  sale  and  use  of  toy  pistols. 


Sale,  etc., 
forbidden. 


Penalty. 


Possession 

unlawful. 


[Act  138,  P.  A.   1883.] 

The  People  of  the  State  of  Michigan  enact: 

(250)  §  11530.  Section  1.  That  no  person  shall  sell, 
give,  or  furnish  to  any  child  under  the  age  of  thirteen  years, 
any  cartridge  of  any  form  or  material,  or  any  pistol,  gun, 
or  other  mechanical  contrivance,  specially  arranged  or  desig- 
nated for  the  explosion  of  the  same. 

(251)  §  11531.  Sec.  2.  Any  person,  violating  any  of  the 
provisions  of  the  foregoing  section,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars,  and  costs  of  prosecution,  or  imprisonment  in 
the  county  jail  not  less  than  ten  days  nor  more  than  ninety 
days,  or  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

(252)  §  11532.  Sec.  3.  It  shall  be  unlawful  for  any  per- 
son under  the  age  of  thirteen  years,  to  have  in  possession,  or 
use  any  of  the  articles  named  in  section  one  of  this  act. 


WATER  ANALYSES  AT  COST  AT  UNIVERSITY. 

An  Act  to  provide  for  the  analysis  of  water  in  use  by  the  public  in 

certain  cases. 

[Act  43,   P.   A.   1897.] 


Water  may 
be  sent  to 
university 

for  analysis. 


The  People  of  the  State  of  Michigan  enact: 

(253)  §  4484.  Section  1.  That  in  any  case  where  any 
city,  village  or  township  in  this  state  shall  be  supplied  with 
water  for  domestic  uses  by  any  individual,  company  or  cor- 
poration, city  or  village,  or  where  there  is  within  such  city, 
village  or  township,  any  water  in  swales,  wells,  rivers  or 
other  places,  which  might  be  the  cause  of  disease  or  epidemic, 
a  sample  of  such  water  may  be  sent  to  the  university  of 
.Michigan  for  analysis  by  the  mayor  of  such  city  or  village, 
or  the  president  of  such  village,  or  by  any  alderman  or  trus- 
tee of  such  village,  or  by  the  supervisor  of  any  such  township, 
upon  the  resolution  of  the  common  council  of  such  city,  or 


LAWS    RELATING    TO    PUBLIC    HEALTH.  91 

board  of  trustees  of  suck  village,  or  the  township  board  of 
such  township,  for  that  purpose  duly  passed. 

(254)  §  4485.     Sec.  2.     Upon  receipt  of  such  sample  the  University 
regents  of  the  university  of  Michigan  shall  cause  a  correct  Analysis  free 
analysis  of  such  sample  of  water  to  be  made,  and  a  correct  ?^pl  "!Sfl; 

■^  ■  '  •  •  bdry  expense^- 

statement  of  the  properties  contained  therein,  with  a  further 
statement  whether  or  not  such  sample  contains  any  sub- 
stance deleterious  to  health,  and  return  such  analysis  to- 
gether with  the  statement  aforesaid  to  the  person  so  sending 
the  same,  free  of  charge  except  the  actual  cost  of  materials 
and  animals  used" in  making  such  analvsis  and  experiment. 

(255)  §  4486.     Sec.  3.     It  shall  be  the  duty  of  the  board  g^e^dto 
of  regents  of  the  university  of  Michigan  to  cause  a  record  to  of  samples 
be  kept  of  every  sample  of  water  received  under  and  by  vir-  and  analysis- 
tue  of  this  statute,  and  in  no  case  shall  a  second  analysis  be 
required  of  the  same  water  within  one  year  except  in  case 

of  the  breaking  out  of  some  disease  among  the  consumers  of 
such  water,  and  then  only  upon  the  certificate  of  at  least  two 
physicians  engaged  in  active  practice  in  that  community  that 
in  their  opinion  such  disease  arises  from  the  use  of  said 
water. 


HOSPITALS  AND  SANITARIUMS. 

An  Act  relative  to  the  maintenance  and  construction  of  hospitals 
and  sanatoria  within  the  counties  of  this  state  and  to  provide  a 
tax  to  raise   moneys   therefor. 

[Act  139,  P.  A.  1909.1 

The  People  of  the  State  of  Michigan  enact: 

(256)  Section   1.     The  several  boards  of  county  super- Board  of 
visors  of  this  state  may  raise  by  a  tax  to  be  levied  on  the  prop-  mayraTS^ 
erty  of  said  county,  subject  to  taxation  for  county  purposes,  hv  taxation. 
a  sum  of  money  to  be  used  for  constructing  or  maintaining 

or  assisting  to  construct  or  maintain  any  hospital  or  sani- 
tarium within  said  county.  The  said  board  of  supervisors  where  used. 
shall  designate  the  hospital  or  sanitarium  for  which  the 
moneys  so  raised  are  to  be  used :  Provided,  That  any  county  proviso. 
not  having  within  its  boundary  a  hospital  or  sanitarium  or 
any  county  though  having  a  hospital  or  sanitarium  within 
its  boundary  wishing  to  act  in  conjunction  with  any  other 
county  or  counties  for  the  purposes  herein  provided,  may, 
in  the  judgment  of  the  board  of  supervisors,  use  said  moneys 
so  raised  in  such  combined  undertaking  of  said  several 
counties. 

(257)  Sec.  2.     The  tax  provided  for  herein  shall  be  ap-  Tax,  appor- 
portioned  and  collected  as  other  taxes  for  county  purposes. tlonment-  etc- 
Said  tax  shall  not  exceed  one-tenth  of  one  mill  on  each  dol- 
lar of  assessed  valuation  of  said  county,  and  in  no  case  shall 

the  amount  exceed  one  thousand  dollars  for  any  one  year, 


92 


STATE    OF    MICHIGAN. 


How  paid. 


unless  same  shall  have  been  submitted  to  a  vote  of  the  quali- 
fied electors  "of  such  county. 

(258)  Sec.  3.  When  the  tax  herein  provided  for  shall  be 
collected  it  shall  be  paid  to  the  institution  for  which  the 
same  is  raised,  upon  the  warrant  of  the  president  and  sec- 
retary  thereof  from  time  to  time  as  vouchers  are  presented, 
and  shall  be  expended  by  said  board  for  the  use  of  said  in- 
stitution within  the  limits  prescribed  by  this  act. 

(259)  Sec.  4.  It  shall  be  the  duty  of  the  trustees  or  other 
officers  of  any  hospital  or  sanitarium  receiving  any  such  as- 
sistance, to  report  once  a  year  to  the  boafd  of  supervisors 
of  the  county  granting  such  assistance.  Such  report  shall 
set  forth  in  detail  the  number  of  the  patients  cared  for  dur- 
ing the  year,  the  average  cost  per  person,    the    amount    of 


Trustees,  etc. 
duty  of. 


Annual  re- 
port, what 
to  contain. 


money  received  from  all  sources,  the  amount  of  money  ex- 
pended and  to  whom  paid,  and  a  tabulated  statement  of  the 
number  of  persons  admitted,  the  disease,  or  other  cause  of 
their  admission,  and  the  disposition  made  of  each  case,  which 
said  report  shall  be  included  and  made  a  part  of  the  record 
of  said  board  of  supervisors. 


TRANSPORTATION  OF  DEAD  HUMAN  BODIES. 

An  Act  to  provide  for  securing  and  transporting  unclaimed  dead 
human  bodies  to  be  used  for  dissection  in  the  advancement  of 
science. 

[Act  142,  P.  A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 


Certain  boards  (260)  Section  1.  Any  member  of  either  of  the  following 
dei?ver*un-t0  boards  and  any  of  the  following  named  officers  or  persons, 
foaimhderS?ves  towit :  Tne  board  of  health  of  any  city,  village  or  township, 
the  common  council  of  any  city,  board  of  trustees  of  any  vil- 
lage, any  board  or  officer  having  the  direction,  management, 
charge  or  control  in  whole  or  in  part  of  any  prison,  house 
of  correction,  workhouse,  jail  or  lockup,  founded  or  supported 
in  whole  or  in  pari  at  public  expense,  having  in  his  or  their 
possession  or  control,  the  dead  body  of  any  person  not 
claimed  by  any  relative  or  legal  representative;  or  the  county 
suj>erintendent  of  the  poor,  keepers  of  poorhouses  and  alms- 
houses, any  physician  or  other  person  in  charge  of  any  j>oor- 
house  or  almshouse  or  charitable  institution,  sheriff  or  coro- 
ner, having  in  his  or  their  possession  or  control  the  dead 
body  of  any  person  not  claimed  by  any  relative,  personal 
friend  or  legal  representative  as  hereinafter  provided,  and 
which  may  be  required  to  be  buried  at  public  expense  or  the 
expense  of  any  one  of  such  public  institutions,  or  the  dead 
body  of  any  convict  who  died  in  prison  under  sentence  of 
murder  or  attempt  to  murder,  not  claimed  by  any  relative, 
]>ersonal    friend   or   legal    representative,   shall    deliver   such 


LAWS    RELATING    TO    PUBLIC    HEALTH.  93 

dead  body  or  bodies  within  thirty-six  hours  after  death,  or 
after  he  or  they  shall  become  possessed  thereof,  to  a  licensed 
embalmer  who  shall,  after  preparing  the  body  for  shipment, 
place  it  in  a  plain  coffin  and  outer  box  plainly  directed  to  the 
demonstrator   of   anatomy   of  the   "University   of   Michigan, 
Ann  Arbor,  Michigan,"  and  deliver  the  same  together  with 
a  transit  permit,  as  provided  by  the  state  board  of  health, 
to  the  express  or  railway  company  at  the  nearest  railway 
station,  excepting  only  the  dead  bodies  of  such  persons  as 
shall   have  died  of  smallpox,   diphtheria    or    scarlet    fever: 
Provided,   That   in   the   county   of   Wayne   the   dead   bodies  Proviso, 
hereinbefore   described   shall    be   sent   in   the   same   manner  ^Snty. 
and  under  the  same  restrictions  as  those  sent  to  the  dem- 
onstrator of  anatomy  of  the  university  of  Michigan,  either 
to  the   demonstrator  of  anatomy  of  the   Detroit  college  of 
medicine,  or  to  the  demonstrator  of  anatomy  of  the  Detroit 
homeopathic  college.     Such  boards,  common  councils,  officers  Duty  of 
or  other  persons  making  such  shipment  or  delivery,  shall  as  making et° " 
the  case  may  be  take  the  usual  shipping  receipt  or  a  fully  shipment. 
particularized  receipt  for  such  package  and  shall  notify  the 
consignee  of  such  shipment  by  letter  mailed  on  the  day  the 
package  is  so  delivered  to  the  express  or  railway  company, 
or  within  the  county  of  Wayne,   delivered  concurrently  by 
messenger  or  otherwise  with  the  delivery  of  such  package, 
and  shall  also  enclose  in  such  letter  a  statement  giving,  as 
nearly  as  can  be  ascertained,  the  name,  age,  residence  and 
cause  of  death  of  such  deceased  person,  whose  body  has  been 
shipped  or  is  being  delivered  as  aforesaid;  and  also  a  state- 
ment of  the  cost  and  expenses  which  have  been  incurred  in 
the  storage  and   preparation   of  the  body  for  shipment,  in 
the  rental  of  the  coffin  and  box,  and  in  the  delivery  of  the 
same  to  the  transportation  company ;  and  upon  the  receipt  Duty  of  dem- 
of  the  package  so  shipped  to  him,  the  demonstrator  of  an-  unSofaM.ronf 
atomy  of  the  university  of  the  state  of  Michigan  shall  im-  peaccekSgeof 
mediately  forward  to  such  officer,  board,  council  or  institu- 
tion or  person  or  persons  making  such  shipment  or  incurr- 
ing such  expenses  the  amount  thereof,  not  exceeding  in  any 
case  the  sum  of  fifteen  dollars,  exclusive  of  the  cost  of  trans- 
porting the  body  and  the  cost  of  returning  the  coffin  and  box 
to  the  consignor :    Provided,  That  the  transportation  charges  Proviso, 
for  any  corpse  by  any  railway  company  or  express  company  {SnXarges. 
shall  be  the  price  of  one  first-class  passenger  fare  between 
the  points  of  shipment,  but  in  no  case  shall  the  charge  be  less 
than  two  dollars,  and  no  railway  company  or  express  com- 
pany shall  require  such  corpse  to  be  accompanied  by  a  per- 
son.   Upon  the  receipt  of  a  package  so  delivered  to  him,  the  Duty  of 
demonstrator  of  anatomy  of  the  Detroit  college  of  medicine  £f me°rtatinatcr 
or  of  the  Detroit  homeopathic  college,  as  the  case  may  be,  ^efroit 
shall  immediately    forward    to    such    officer,    board,    council 
or  institution  or  person  or  persons  making  such  delivery  or 
incurring  such  expenses,  the  amount  thereof  not  exceeding 


94 


STATE    OF    MICHIGAN. 


Proviso, 
request  for 
interment. 


Bodies,  dis- 
position and 
record  of. 


Proviso, 
notice  to 
nearest 
known 
relative. 


Violation  a 
misdemeanor. 


Institutions 
to  which 
bodies  may 
be  shipped. 


Distribu- 
tion of. 


Notice  to 
each  other. 


in  any  case  the  sum  of  seven  dollars:  Provided,  Such  dead 
body  shall  not  be  shipped  or  delivered  as  aforesaid  if  it  shall 
be  requested  in  good  faith  for  interment  by  any  relative 
before  the  same  shall  have  been  delivered  as  aforesaid,  and 
in  case  the  dead  body  of  any  person  so  delivered  or  so  shipped 
as  aforesaid  be  subsequently  claimed  or  demanded  of  either 
of  said  demonstrators  of  anatomy,  or  of  any  other  person 
or  institution*  into  whose  possession  or  under  whose  control 
it  may  have  been  placed  by  virtue  of  the  provisions  of  the 
law,  by  any  relative  or  legal  representative  of  such  deceased 
person  for  private  interment,  it  shall  be  given  up  to  such 
claimant,  even  after  the  same  shall  have  been  interred  as 
hereinafter  provided,  after  they  shall  have  paid  the  actual 
expenses  incurred  and  paid  by  the  demonstrator  of  anatomy 
or  by  any  person  or  institution  into  whose  possession  or 
under  whose  control  it  may  have  been  placed  by  virtue  of  the 
provisions  of  this  act.  Such  bodies  shall  be  used  only  for  the 
purposes  hereinafter  mentioned,  and  shall  then  in  all  cases 
be  interred  in  some  suitable  place  kept  for  that  purpose  and 
a  correct  record  shall  be  kept  of  every  such  body;  and  all 
matters  by  which  such  body  may  be  identified,  coming  to  the 
knowledge  of  the  person  or  officer  at  any  time  in  charge  of 
such  bodies,  shall  be  faithfully  recorded  at  length  in  a  book 
kept  for  that  purpose,  to  the  end  that  the  same  may  at  any 
time  be  traced  and  discovered  by  the  friends  and  relatives 
.of  such  deceased  person:  Provided,  That  the  institution, 
board,  council,  officer  or  person  aforesaid,  shall  immediately 
after  the  death  of  such  person  notify,  if  possible,  by  tele- 
graph, or  otherwise  by  letter,  one  or  more  of  the  nearest 
known  relatives  of  such  deceased  person  of  the  death  of  such 
person;  and  in  no  other  case  shall  the  body  of  such  deceased 
person  be  shipped  or  delivered  as  aforesaid  until  after  the 
expiration  of  twenty-four  hours  from  death.  Every  indi- 
vidual, officer  or  party  violating  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor. 

(261)  Sec.  2.  The  bodies  so  shipped  or  delivered  as  afore- 
said shall  be  used  for  the  advancement  of  anatomical  science 
in  this  state  in  the  following  institutions  of  learning,  only, 
viz:  The  university  of  Michigan,  the  Detroit  college  of  medi- 
cine and  the  Detroit  homeopathic  college.  The  said  bodies 
shall  be  distributed  to  and  among  the  same  equitably  and, 
as  far  as  possible,  in  the  order  in  which  they  are  received, 
and  the  number  assigned  to  each  by  the  said  demonstrator  of 
anatomy  shall  be  proportional  to  that  of  its  students  of 
anatomy  in  actual  attendance,  and  to  this  end  the  said  dem- 
onstrator of  anatomy  shall,  within  ten  days  after  the  open- 
ing of  the  scholastic  year  of  each  of  said  institutions,  ascer- 
tain from  the  dean  or  other  executive  officer  of  said  institu- 
tions the  number  of  students  of  anatomy  in  actual  at  tend- 
ance in  the  said  respective  institutions.  The  said  demonstra- 
tors of  anatomy  shall,  upon  ascertaining  the  number  of  stu- 


LAWS    RELATING    TO    PUBLIC    HEALTH.  .  95 


dents  of  anatomy  in  actual  attendance  in  said  institutions, 
each  notify  the  other  in  writing  of  the  information  thus  ob- 
tained; and  at  any  time  thereafter,  upon  the  written  request 
of  either  of  said  demonstrators  of  anatomy  delivered  or 
mailed  to  the  others,  the  said  demonstrators  of  anatomy 
shall  ascertain  and  inform  each  other  in  writing  of  the  num- 
ber of  students  of  anatomy  in  actual  attendance  in  the  said 
institution,  to  the  end  that  at  all  times  the  distribution  of 
said  bodies  may  be  equitable  and  proportionable  to  the  num- 
ber of  students  of  anatomy  in  actual  attendance  in  the  said 
institutions.  In  order  to  procure  a  fair  and  proportionable  Unfit  bodies. 
distribution  of  bodies  in  quality  as  well  as  in  quantity,  each 
demonstrator  of  such  institution  may  throw  out  any  body 
which  when  received,  shall  in  his  opinion  be  unfit  and  worth- 
less for  the  advancement  of  anatomical  science,  and  shall  not 
count  such  body  as  anatomical  material  when  received,  but  on 
his  request  to  the  other  demonstrators  or  to  any  one  of  them 
shall  be  supplied  by  such  demonstrator  applied  to  with  the 
proportionate  number  of  good  bodies  fit  for  use  for  the  neces- 
sary instruction.  The  demonstrators  of  anatomy  of  the  afore-  Annual  ex- 
said  institutions  shall  each  make  annually  in  the  last  week  of  meiV 
the  month  of  June,  a  sworn  statement  of  the  actual  expenses 
borne  and  incurred  by  him  under  the  provisions  of  this  act; 
and  from  such  statements  the  total  cost  of  the  anatomical 
material  received  shall  be  ascertained  by  a  board  consisting 
of  all  of  said  demonstrators,  and  shall  be  apportioned  and 
paid  by  such  institutions  in  proportion  to  the  number  of 
bodies  used  by  each  of  said  institutions :  Provided,  however,  Proviso, 
That  either  of  the  said  demonstrators  of  anatomy  upon  the  possession. 
receipt  of  every  body  under  and  by  virtue  of  the  provisions 
of  this  act,  shall  cause  the  same  to  be  embalmed  or  put  in 
a  state  of  preservation,  and  shall  not  permit  the  same  to  be 
delivered  to  any  of  said  institutions  for  the  purpose  of  dis- 
section until  the  same  shall  have  been  in  his  possession  at 
least  ten  days.    It  shall  be  the  duty  of  the  said  demonstrator  Notice  to 

relatives 

of  anatomy  of  the  university  of  Michigan  and  the  said 
demonstrator  of  anatomy  of  the  Detroit  college  of  medicine 
and  the  said  demonstrator  of  anatomy  of  the  Detroit  homeo- 
pathic college,  upon  the  receipt  of  any  body  under  the 
provisions  of  this  act,  to  immediately  notify  either  by  mail 
or  telegraph  as  he  may  deem  best,  the  relatives  of  such  de- 
ceased person,  if  known,  of  the  receipt  of  such  body  and  that 
said  body  will  be  preserved  intact  for  the  space  of  ten  days, 
in  which  time  the  said  relative  will  be  entitled  to  said  body  Entitled  to 
for  the  purpose  of  interment,  and  shall  pay  such  expenses,  payment  of 
and  the  demonstrator  of  anatomy,  in  whose  possession  or  exPenses- 
under  whose  control  the  said  body  may  be,  shall  deliver  to 
such  relative  or  such  legal  representative  the  said  body,  to- 
gether with  the  said  coffin  and  box  enclosing  the  same;  but 
in  case  said  body  shall  not  be  requested  by  such  relatives 
until  after  the  same  shall  have  been  applied  to  the  purposes 


9G 


STATE    OF    MICHIGAN. 


Promo, 
receipt  of 
bodies  other 
than  those 
provided. 


Shipment  out 
of  state,  etc. 


intended,  the  remains  thereof  together  with  the  coffin  and 
box  aforesaid  shall  be  delivered  without  charge:  Provided, 
That  the  university  of  Michigan,  the  Detroit  college  of  medi- 
cine and  the  Detroit  homeopathic  college  aforesaid,  and  each 
and  every  other  me.dical  institution,  shall  not  receive  into 
their  possession  any  bodies  procured  in  this  state  other  than 
those  provided  for  by  the  provisions  of  this  act.  Every  in- 
dividual or  party  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor.  No  such  dead  body 
shall  be  sold  or  delivered  to  any  person  to  be  taken  out  of 
the  state,  nor  shall  any  such  dead  body  be  shipped  to  any 
person  or  place  out  of  the  state,  with  the  exception  of  the 
provision  for  reclaimed  bodies  as  aforesaid,  or  be  used  within 
the  state  for  any  purpose,  except  for  the  prosecution  of  an- 
atomical science.  Any  person  violating  any  of  the  provisions 
of  this  act  shall  be  punished  by  a  fine  of  not  less  than  fifty 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  one  nor  more  than  three  months, 
or  by  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court.  Any  practicing  physician  or  surgeon  of  this  state, 
or  any  medical  student  under  the  authority  of  such  physi- 
cian or  surgeon,  may  have  in  his  possession  human  dead 
bodies  or  the  parts  thereof,  lawfully  obtained,  for  the  pur- 
poses of  anatomical  inquiry  or  dissection. 


Penalty  for 
violation 
of  act. 


Physicians 
and  surgeons. 


STATE  SANATORIUM. 

(262)  For  the  act  establishing  a  state  sanatorium  for  the 
care  and  treatment  of  persons  afflicted  with  tuberculosis,  see 
Act  254,  P.  A.  1905. 


SPECIAL  PROVISIONS  FOR  CERTAIN  COUNTIES. 


(263)  To  provide  for  care  of  persons  afflicted  with  con- 
tagious diseases  and  payment  of  claims  incurred  thereby: 

Baraga,  Act  469,  L.  A.  1903;  Bay,  Act  469,  L.  A.  1903; 
Cheboygan,  Act  468,  L.  A.  1903;  Clare,  Act  569,  L.  A.  1905; 
Delta,  Act  469,  L.  A.  1907;  Gogebic,  Act  469,  L.  A.  1903; 
Huron,  Act  302,  L.  A.  1897;  Iron,  Act  469,  L.  A.  1903;  La- 
peer, Act  393,  L.  A.  1897;  Marquette,  Act  469,  L.  A.  1903; 
Mason,  Act  467,  L.  A.  1903;  Monroe,  Act  375,  L.  A.  1907; 
Ogemaw,  Act  363,  L.  A.  1907;  Ottawa,  Act  484,  L.  A.  1905; 
Saginaw,  Act  445,  L.  A.  1903,  Am.  1905,  L.  A.  657;  Sanilac, 
Act  453,  L.  A.  1907;  and  St.  Clair,  Act  391,  L.  A.  1895,  Am. 
1897,  L.  A.  365. 

(264)  To  construct  and  maintain  pest-houses  and  hospi- 
tals for  contagious  diseases: 

Baraga,  Act  274,  L.  A.  1903;  Houghton,  Act  460,  L.  A. 
1901;  Iron,  Act  274,  L.  A.  1903;  and  Ontonagon,  Act  407, 
L.  A.  1903. 


LAWS    RELATING    TO    PUBLIC    HEALTH.  97 


HOSPITAL  FOR  CONTAGIOUS  DISEASES. 

Wayne  county,  Act  401,  L.  A.  1905. 


CEMETERIES,  ETC. 

(265)  Kent  county,  townships  in,  may  enlarge  burying 
grounds  and  acquire  private  property  therefor,  Act  568,  L.  A. 
1905.  Location  of  cemeteries  in  Kent  county,  Act  691,  L.  A. 
1907.  Pollution  of  water  in  Grand  river  above  Grand  Rapids 
city,  Act  532,  L.  A.  1903. 
13 


INDEX. 


INDEX. 


(References  are  to  Compiler's  Sections.)  . 

A. 

ABATTOIR:  Section, 

maintenance  and  regulation  of,   in  cities  and  villages 166,  176 

ACTIONS': 

for  abatement   of  private  nuisances    192-6 

ALDERMEN  : 

when  to  be  members  board  of  health » 60 

ANALYSIS  : 

when   bacteriologist    to    make   certain 16 

certificate  of,   of  bacteriologist  of  water 37 

act  to  provide  for,  of  water  at  university 253-5 

ANIMALS : 

infected,   duty   of  boards  of  health 120-1 

dead,  how  shall  be  buried,  penalty  for  not  burying 154 

inspection  of,  for  food  in  cities  and  villages 166 

APPROPRIATION  : 

for  expenses,  etc.,   state  board   of  health 7 

for   bacteriological   department    IS 

for  state  medical  inspector  and  state  board  of  health 33 

ARTESIAN  WELLS: 

when    deemed   nuisance,    liability    of   owners 157-9- 

ASSISTANT    SECRETARY  : 

of  state  board  of  health,   appointment,  duties 12-12 

B.  . .  ' '    : 

BACTERIOLOGICAL    EXAMINATIONS  : 

who   may    require,    etc 16 

BACTERIOLOGIST  : 

appointment,    examinations,    etc 14-18 

BAGGAGE : 

disinfection  of,  infected  with  communicable  disease 23 

infected,   relative  to   securing,   keeping,   etc 71-5 

BATHING  : 

village   council   may  regulate    122 

city   council  may    regulate 128 

BLANKS : 

for  report  of  tuberculosis,  by  whom  furnished,  what  to  state 90 

BLINDNESS  : 

prevention    of,    of    infants,    penalty 138,  139 

BOARDING  HOUSE  KEEPER: 

to  give  notice  of  communicable  disease,   penalty ■ 02 

BOARD  OF  COUNTY  AUDITORS: 

to  fix  fees,  etc.,  for  attendance  upon  contagious  diseases 67 

BOARD   OF   HEALTH: 

city,   to   report  to  state   board 8 

who   to    constitute,   etc 60 

council   to  exercise   powers   of 1 31 

council   may   establish    132 

state  (see  state  board  of  health). 

township,  to  report  to  state  board 8 

of  whom  to   consist,   officers,  etc 53 

to   appoint  health   officer,   qualifications,   etc 54 

to    make    regulations    relative    to    nuisances,    articles    conveving    con- 
tagion,  etc 55-G 

interment  of  dead,  purchase  of  burying  grounds 57 

burying  grounds,  to  hold  in  trust,  sale  of  lots,  etc 58 

regulations    of,   to    be   published 59 

to  prevent  spread  of  communicable  diseases 61-4 

may   restrain    travelers   from    infected    districts 69 

duty  relative   to  infected   baggage,   clothing,   etc 71-5 

bordering  on  Lakes  Michigan,  Erie,  etc.,  may  establisb  quarantine  for 

vessels,    duties,    etc. g3_§ 


102  INDEX. 


BOARD  OF  HEALTH — Continued.  Section. 

hospitals,   when  to  provide,   removal  of  infected   persons  to,  etc 103-107 

to  examine  into  and  prevent   nuisances,   etc 147-53 

may  regulate  care  of  privies  and   water  closets,   penalty 155-6 

proceedings   by,    to   vacate   cemeteries 211-3  2,    214-15 

village,   to  report  to  state  board 8 

who   to   constitute,   etc 00 

when   council   may   establish    120 

may  regulate  care  of  privies  and  water  closets,  penalty 155-0 

when,  may  require  bacteriological   examination  of  water,  etc 10 

local,  etc.,  to  observe  rules  as  to  contagious  diseases,  etc 20 

when,  may  remove  infected  person,  provide  necessaries,  etc. : . . . .  07 

in   case  person   cannot   be  removed 08 

Infected    article   or   person,    unlawful    to   bring   into    township,    etc..    without 

permit   of    79-80 

tuberculosis,  powers  and  duties  of,  relative  to 89-101 

authorizing,  to  furnish  vaccination   to  inhabitants,   etc 108 

when,  may  send  indigent  person  infected  with  rabies  to  institute 119 

diseases  among  cattle  reported  to,  duty  of 120-1 

may  sell  and  convey  certain  real  estate 222 

BOARD  OF  REGISTRATION  OF  NURSES  : 

who   to   compose,   meetings,   compensation,    etc 238-49 

BOARD    OF    STATE    AUDITORS: 

allowance  of  expenses,  etc.,  of  state  board  of  health 7 

BOARD  OF  SUPERVISORS: 

to   audit   claims   for   care   of-  infected    persons,    and   authorize   contract   with 

physician    67 

duty  of,   relative  to  construction,  etc.,  of  county  sanitarium 256-9 

BOATS : 

quarantine  of,  in  certain  townships,  duties,  proceedings,   etc 83-8 

BODIES  : 

transportation   of  dead,   for   dissection 260-1 

BUILDINGS  : 

plans  for  state,  to  whom  submitted,   examination,  etc 19 

BULLETINS  : 

monthly,  showing  mortality,  etc.,  in  state,  by  whom   issued. 143 

U TRIAL  LOTS: 

sale  of,  by  township  board  of  health 58 

BURIAL    PERMITS: 

for  interring  bodies  of  .dead  persons,  by  whom  and  when  issued 140,  141 

IUJRYING   GROUNDS:      (See   cemeteries.) 
BY-LAWS : 

township  board  of  health  to  make,  relative  to  nuisances,  etc < 55 

C. 
CATTLE : 

diseases  among,  by  whom  and  to  whom  reported,  quarantine,  etc 120-1 

CEMETERIES  : 

township  board  of  health,  duty  as  to  purchase,  etc »<-8 

In  villages,  private  property  may  be  appropriated  for 127 

cities  may  appropriate  private  property  for 133 

township  board  of  health  may  acquire  and  enlarge,  proceedings,  etc 197 -210 

In    townships,    proceedings    to    vacate 211-16 

reinterment  of  dead  after  vacation  of,  when  made,  by  whom  paid....  214 

reversion  of  land  after  vacation   of / 215-16 

in  cities  and  villages,  proceedings  to  vacate 2YI-Z1 

reinterment  of  dead  after  vacation   of,   when   made,   etc 220 

reversion   of  land   after  vacation  of 221 

sale  of  real  estate  used  as --- 

township  Jboard  of  health  may  hold  property  in  trust  for  upkeep  of,  and  lots  223-0 

local   provisions   relative  to,   in   certain   counties 20o 

CERTIFICATE   OF  DEATH: 

who  shall   obtain    • ••  •  » • «* 

when,  shall  be  referred  to  coroner,  etc.,  for  Investigation 141 

what    to    contain    • • \\% 

filed  with  registrar,  when  transmitted  to  secretary  of  state,  etc 14.5 

time  limited  for  filing  of,  in  certain  townships 142,  140 

CHILDREN:                                                                 .      ,  __  . 

unlawful  to  expose,  or  take  in  infected  place t»»-Jj» 

vaccination  of,  by  whom,  etc , 0- a  o 

act  to  prevent  sale  of  toy  pistols,  etc.,  to _.»u-- 

<r  HOLER  A:  OA„ 

prevention   of  Introduction   and   spread   of ; «"-« 

prevention   of   spread   of,    in   townships 61-4 

person  sick  with,  not  to  be  brought  into  township  except   under  certain  regn- 

lations     ,0-80 

CIRCUIT   COURT:  • 

when,  may  revoke  assignments  <.f  places  for  offensive  trades,  etc lpl 

jurisdiction  of.  in  matters  concerning  nuisances k--1?? 

Jurisdiction  of,  in  vacating  cemeteries  in  townships J1112 

lurlsdlctlon  of.  in  vacating  cemeteries  in  cities  and  vlllnges 2    oiS 

when,  mav  sell   real  estntc   used   as  cemetery 222 


INDEX.  103 


CIRCUIT  COURT  COMMISSIONER:  Section. 

testimony  for  vacating  cemeteries  in  townships  may  be  taken  before 213 

testimony  for  vacating  cemeteries  in  cities  and  villages  may  be  taken  before  219 

CITIES: 

prevention  of  introduction  of  diseases  in,   except  under  specified  regulations.  79-80 

council,   general   powers   of 128-33 

private   property,   appropriation   of,    in 133 

health   officers,    specifying   certain   duties   of,   etc 134-6 

dangerous  and  offensive  trades  in,  who  to  assign  places  for 160 

when  slaughter  houses  in.  etc.,  prohibited,  disposal  of  refuse,  penalty 163-5 

meat   inspection   in,   and  villages 166-76 

power  of  council,   to  prevent   and   abate  nuisances 184-7 

relative   to   construction   of   private   drains    188 

power  of  council,  to  regulate  markets  and  use  of  streets,  etc 189-91 

proceedings  to   vacate  cemeteries   in 217-21 

CITY    BOARD   OP   HEALTH:    (see   board   of   health). 

CLAIMS  : 

auditing  of  contagious  disease,  by  supervisors 67 

contagious  disease,  special  provisions  for  payment  of,  in  certain  counties....  263 

CLERKS : 

additional,    appropriation    for    7 

CLOSETS : 

at   stations,   care   of,   disinfection 46 

CLOTHING : 

infected,   relative   to   securing,   keeping,   etc 71-5 

when   health    officer   to   disinfect 134 

COMMON    JAIL: 

prisoners  in,  attacked  with  dangerous  disease  removal  of,  etc 76-7 

CONTAGIOUS    DISEASES:       (see    dangerous    communicable    diseases). 

COMPENSATION  : 

of   state    medical    inspector    32 

of  physician  for  giving  notice  of  communicable  disease 64 

for  houses,  nurses,  etc.,  for  infected  persons  or  baggage,  how  paid 75 

for   reporting  cases  of  tuberculosis 90 

of    health    officer    136 

of  board   of   registration   of   nurses -. 243 

CONSUMPTION  : 

powers,  duties,  etc.,  of  health  officers  as  to 89-101 

CONTAGIOUS   DISEASES:      (see   dangerous   communicable   diseases). 

CONTAMINATED   WATER  : 

investigation    of,    analysis,    etc 37 

CONVEYANCES : 

persons  afflicted  with  dangerous  diseases  prohibited  from  entering  public.  .  .  .  65-6 

CORPORATIONS  : 

certain,  operating  water  works  systems,   investigation,   penalty,   etc 34-42 

CORPSE : 

transportation    charges    of,    for    dissection 260 

COUNCIL : 

when,   to   constitute   board   of  health 60 

village,   powers  of,  as  to   health,   hospitals,   etc 122-6 

city,  general  powers  of,  as  to  health,  nuisances,   etc 128-33 

of  villages,  power  to   regulate  nuisances  and   offensive  trades...., 177-81 

power    to    regulate    markets     181-2 

power,   relative   to  construction   of   drains  and   sewers 183 

COUNTY    CLERK: 

statement  of  expenses  for  care,  etc.,  of  infected  person  filed  with 67 

COUNTY   HOSPITALS: 

relative   to   construction   and   maintenance   of 256-9 

COW    POX: 

inoculation  with,  board   of  health  may  order 109 

D. 

DAMAGES : 

action  for,  in  case  of  nuisances    , 162 

in  proceedings  for  abatement  of  private  nuisances. 193 

DANGEROUS    COMMUNICABLE    DISEASES: 

prevention  of   introduction  and  spread  of 20-6 

text  books  on  physiology,  space  to  give  to 27 

methods  for  prevention,  etc.,  of,  to  be  taught  in  public  schools,  penalty....  27-8 

state  board  of  health   to  designate 29 

investigation  of,   by  state  medical   inspector,   report 30-1 

township  board  of  health  to  prevent  spread  of 61 

prevention    of   spread   of    61-8 

auditing  of  claims  by  supervisors  for  persons  infected  with 67 

county  auditors  to  fix  fee.  etc.,  for  attendance  upon 67 

person  infected  with,  when  may  be  quarantined,  expenses,  etc 67-8 

prevention  of  introduction  of,   in   township,  etc.,  except  under  specified  regu- 

lations     79-80 

hospitals,    townships   may   establish   for 102-7 

village   council   may   pass   ordinances   preventing 123 

city  council,   powers  relative  to    128-33 

health  officers,   powers,   etc.,   of,   relative   to 134-6 


104  INDEX. 


DANGEROUS    COMMUNICABLE    DISEASES — Continued.  Section, 

penalties  incurred  for  non-report   of  person  having,   to  and  by  whom  notice 

given    13J 

granting  of  burial  permit,  etc.,  in  case  of 141 

claims,   special  provisions  for  payment  of,  in  certain  counties 263 

DEAD   ANIMALS: 

penalty  for  not  burying,   how   shall  be  buried 154 

DEAD  BODIES: 

removal  of,  from  vacated  cemeteries  in  townships,  when  may  be  made 214 

removal  of,   from  vacated  cemeteries  in  cities  and  villages,   when  made 217.  220 

transportation   of,   for  dissection    260-1 

DEATHS : 

subregistrars  of,   licensed  embalmers  to  act  as 236-7 

DEPOTS : 

toilet  rooms,  etc.,   in,   care  of 46 

DETENTION    PLACE: 

board  of  health   may  remove   infected  person   to 67 

DETROIT   COLLEGE    OF   MEDICINE: 

dead  human  bodies  for  dissection,   transportation  of,  to 260-1 

DETROIT   HOMEOPATHIC    COLLEGE: 

dead  bodies  for  dissection,  transportation  to 260-1 

DIPHTHERIA  : 

prevention   of   introduction   and    spread   of    20-6 

prevention  of  spread  of,   in  townships,  duties,   etc 61-4 

persons  afflicted  with,  prohibited  from  entering  public  places,  etc 65-6 

person  sick  with,  not  to  be  brought  into  township  without  permit 79-80 

health  officers,  powers  and  duties  of,  relative  to 134 

DISEASES,   COMMUNICABLE:      (see   dangerous  communicable  diseases). 

DISINFECTION  : 

of  toilet   rooms,   urinals,   etc.,   in  stations,   coaches 46 

of    coaches    47 

of  premises  of  tuberculous  person,  direction  of,  etc 93-4 

of  clothing,  etc.,  when  health  officers  to  supervise 134 

DISSECTION : 

dead  human  bodies  for,   relative  to  transportation 260-1 

DOGS: 

rabies  among,   duty   of   township  board Ill 

muzzling  of,  in  townships,  who  and  when  may  order 112-13 

rabid,   when   ordered    killed    114-15 

DOMESTIC    ANIMALS: 

reimbursement   for,   infected   with   rabies 116 

DRAINS  : 

village  council,   power  of,   relative  to   construction 128,  183 

city  council  may  order  construction  of  private 188 

DRINKING   WATER: 

water  works,  inspection  by  state  board  of  health 35 

in   coaches,   ice  in   separate   receptacles 45 

F 
EMBALMERS  : 

relative   to   registration    and    licensing   of 227-35 

licensed,    to   act   as   subregistrars   of   deaths 236-7 

EXAMINATIONS  : 

for  embalmers   and   undertakers,   when   held 228 

EXPECTORATION  : 

upon  floor,  platforms  of  coaches,  or  floor,  registers,  etc.,  of  stations,  penalty.  43 

EXPRESS   COMPANY: 

transportation   of  dead   bodies   for   dissection 260-1 

F. 
FILTRATION    PLANTS: 

certain,   to   report,    penalty    41 

FREE   VACCINATION  : 

boards  of  health  may  offer 108-9 

FUNERALS  I 

health  officers  to  supervise  certain 134 

G. 

GOVERNOR :  ooe 

to   appoint   board   of   registration   of   nurses -o« 

H. 
1IKAI.TH    OFFICERS: 

when,    may    require   bacteriological    examinations lo 

to  observe  rules  of  state  board  as  to  dangerous,  etc..  diseases 29 

relative   to   investigation   of   water   works 37-8 

appointment  of,  by   whom,  etc 54 

notice  to  be  given,  of  communicable  disease,  penalty °£ 

physician   to  notify,   of   communicable  disease 63 

compensation,    penalty     63-4 


INDEX. 


105 


HEALTH   OFFICERS — Continued.  Section, 

permit,   necessary  to  bring  person  with  contagious  disease  into  city,  etc....  79-80 

tuberculosis,   powers  and   duties  of,   relative  to 89-101 

tubercular  infected   premises,   to   direct   disinfection,   etc.,   of 93-4 

when   placard   placed   on   tubercular   infected  persons ^  95 

to  transmit  circular  to  physician   reporting   tuberculosis 98 

reporting   recovery   of   tuberculous   patient   to,    duty 100 

when,   authorized   to   offer  vaccination    108-9 

specifying  certain  duties  of,  of  townships,  cities,  etc 134-6 

compensation   of    136 

to  notify  prosecuting  attorney  of  certain  penalties  incurred 137 

when  certificate  of  death  shall  be  referred  to,  for  investigation 138 

HOSPITAL  : 

prisoners  with   dangerous   disease,   removal   to 76 

townships   may   establish    102 

by  whom  regulated,  when  persons  removed  to,  etc 103-7 

village    council    may    provide,    powers 124 

village,   private  property  may   be  appropriated  for 127 

city  council  may  provide  for  removal  of  infected  person  to 129 

may  provide  for,  powers,  etc 130-3 

cities  may  appropriate  private  property  for 133 

county,   relative  to  maintenance  and  construction  of.*.. * 250-9 

for  contagious  diseases,  maintenance  of,  in  certain  counties 264 

HOTEL   KEEPER: 

to  give  notice  of  communicable  disease,   penalty 62 

HOUSEHOLDER : 

,        to  give  notice  of  communicable  disease,   penalty 62 

I. 

INDIGENT    PERSON: 

rabies,   prevention    of,    in 119 

INFANTS : 

inflammation  of  eyes  of,  by  whom  and  when  reported  to  health  officer 138 

INFECTED   ARTICLE: 

unlawful  to  bring,   into  township,   etc.,   without  permit 79-80 

INFECTED    BAGGAGE: 

clothing,  etc.,   warrant  to  secure,   how  kept,   etc 71-5 

INFECTED   CATTLE: 

to   whom   reported,   quarantine,   etc 120-1 

INFECTED   PERSONS: 

when  to  be  quarantined,  expenses,   how  paid,   etc 67 

provision  in  case,  cannot  be  removed 68 

from  other  states,  inspection  of,   removal,   etc 69-70 

when  justice  of  peace  to  issue  warrant  for  removal  of,  care  of,  etc 70 

when  board  of  health  to  cause  removal  of,  to  hospital 106 

INFECTED  PLACES: 

township  board  of  health  to  give  notice  of 61 

health  officer  to  give  notice  of    134 

INSPECTION: 

of  water  works  system,  power  of  state  board  of  health 35 

of  travelers  and   passengers  from   infected  districts. 69-75 

INSPECTORS : 

of  animals  and  meats  in  cities  and  villages,  appointment  of 166 

INTERMENT : 

when  burial  permit  not  required  prior  to,  in  certain  townships 146 

J. 
JUSTICE   OF   PEACE: 

•member  tQwnship  board  of  health 50-3 

when   may  make  out  warrant  for  removal  of  infected   person 70 

warrant  for   infected  baggage,   clothing,   etc 71-2 

complaint  for  refusal  of  admittance  to  buildings,  etc.,  by  whom  made  to....  151 

when   may  issue  warrant  commanding  destroying,  etc..  of  nuisances,   etc....  152 

L. 
LAKE   MICHIGAN,    HURON,    ETC.: 

quarantine  in  townships  bordering  on 83-8 

LICENSE : 

for  sale  of  meats  in  cities  and  villages,  by  whom  issued,  etc 166-7 

act  to  provide,  for  undertakers  and  embalmers 227-35 

LIVE    STOCK    SANITARY   COMMISSION: 

diseases  among  cattle  reported  to,  duty 120-1 

LOCAL    ACTS: 

relative  to  care  of  contagious  diseases  and  payment  of  claims 263-4 

LOCAL  BOARD  OF  HEALTH:      (see  board  of  health). 


M. 
MARKETS : 

power  of  village  council  to  regulate • 181-2 

city   council    may   erect   and    regulate 1 89-90 

14 


106  INDEX. 


MAYOR :  Section. 

when  to  be  member  board  of  health 60 

MEAT  : 

city  council  may  provide  for  inspection  of 128 

inspection  of,   in   cities  and   villages 166-76 

regulating  sale  of,  in  cities  and  villages .,. 166  8,  171 

when,  not  subject  to  inspection  in  cities  and  villages 177 

MEDICAL    INSPECTOR: 

state,   appointment,  powers,   compensation,   etc 29-32 

MEETINGS  : 

of  state  board  of  health 3 

of  township  board    52 

MONUMENTS  : 

removal  and  resetting  of,  after  vacation  of  cemeteries  in  townships 214 

removal  and  resetting  of.  after  vacation  of  cemeteries  in  cities  and  villages.  .  220 

MORTALITY  : 

monthly  bulletins  showing,  etc.,  in  state,   by  whom  issued  .c 143 

N. 

NOTICE  : 

of  regulations  of  township  board  of  health,  how  given 59 

board  of  health  to  give,  to*  travelers,  etc.,  of  infected  places „  .  61 

hotel  keeper,  etc.,  to  give,  of  communicable  disease,  penalty 62 

physician  to  give,  of  communicable  diseases,  penalty  for  neglect 63 

compensation   for    64 

health  officers  to  give,  of  infected  places 134 

of  certain  penalties  incurred,  to  whom  given  by  health  officers 137 

NUISANCES : 

state  medical   inspector  to   investigate,   report 30-1 

township  board  of  health  to  make  by-laws  as  to 55 

powers  of  village  council   to  abate 122,  177-81 

city  council  may  prevent  and  abate 128,  184-7 

township  board  of  health  to  examine  into  and  prevent,  etc 147-53 

when  certain  wells  deemed    157-9 

dangerous  and  offensive  trades  becoming,  removal,  etc..  of.  action  for  damages  161-2 

disposal  of  offal  from  slaughter  houses  becoming,  prohibited,  penalty 164-5 

proceedings  for  abatement  of  private *    192-6' 

cemeteries  in   townships  becoming,   may  be  vacated 211-14 

cemeteries  in  cities  and  villages  becoming,  may  be  vacated 217 

NURSES  : 

when   provided   for   infected   person 67 

when  sheriff,  etc.,  to  provide  for  infected  person 70 

attending  at  hospitals  under  direction  of  board  of  health * 104 

examination,  regulation,   licensing,  etc.,  act  providing  for 238-49 

O. 
OFFAL : 

from   slaughter  houses,  disposal   of,   penalty 164  5 

OFFENSIVE    TRADES: 

in    cities,    etc.,    assignment   of   places   for,    when    revoked,    action    in    case   of 

injury    .    160-2 

power  of  village  council,   to   regulate 177-81 

ORDINANCES  : 

village  council  may  enact,  relative  to  public  health 123,  125 

city  council  may  pass,  relative  to  public  health,  etc 128-33 

OUTHOUSES  : 

at  stations,  disinfection  of    46 

P. 
PASSENGER   COACHES: 

sanitary   conditions  in,   providing  for    43-9 

temperature,    ventilation    44 

disinfection    of    47 

urinals,    sterilization    48 

PASSENGERS  : 

wben  state  board  of  bealtb  may  quarantine,  proceedings,  duties 20-3 

from  infected  places,  who  may  restrain,  etc 89 

on   infected  vessels,   when   removed  to  quarantine  ground 86 

PA8TEUB   TREATMENT: 

relative  to    119 

PAUPERS  : 

at  poor  houses,   removal  of,  having  contagious  diseases 78 

PENALTY : 

for  neglect  to  give  notice  of  communicable  disease 62-3 

for   infected   persons   entering   public   places 66 

for  violating  quarantine  regulations  relative  to  vessels,  etc 85 

for  violation  of  hospital  regulations   107 

for  unlawful  inoculation  with  smallpox 110 

for  violating  orders  of  bealtb  officer 135 

bealtb   officers   In   notify   prosecuting  attorney  of  certain,   incurred 137 

for  neglecting  to  remove  nuisances,  etc.,  from   private  property 148 

for  throwing  dead  animals  into  lake,  river,  etc 154 


INDEX.  107 


PERMIT :  Section, 

necessary  to  bring  person  sick  with  contagious  disease  into  township,  etc...  79-80 

TEST   HOUSES: 

private  property  may  be  appropriated  for,  in  villages.  •. 127 

citv.  council  may  provide    '      130 

cities  may  appropriate  private  property  for 133 

special  provisions  for  maintenance  of,  in  certain  counties 264 

THYSICIAN  : 

when,   appointed  health  officer  in  township 54 

notice,  penalty  for  neglecting  to  give,  of  communicable  disease 63 

compensation   for    64 

to  report  cases  of  tuberculosis,  fee,  etc 89-90 

disinfection  of  premises  of  tuberculous  persons,  duty  as  to 93 

protection  of  family  of  tuberculous  person,  relative  to 97 

penalty   for  false   reports,   etc.,   relative  to  tuberculosis. 99 

attending  infected  persons  at  hospitals  under  direction  of  board  of  health.  .  .  104 

penalty  for  violation   of  hospital   regulations    107 

health,  when  to  furnish  vaccination    108-9 

to  certify  to  cause  of  death 141 

PISTOLS  : 

act  to  prevent  sale  of  toy 250-2 

PLACARD : 

when  placed  upon  tubercular  infected  premises 95 

health  officer  to  order    134 

PLANS : 

for  state  buildings  submitted  to  state  board  of  health 19 

of  water  works  systems,  where  filed,  what  to  show,  etc 39 

POOR   HOUSE: 

inmates  with  contagious  disease,  removal  of,  when  and  by  whom 78 

POOR  PERSONS: 

prevention   of   rabies   in    119 

PREMISES  : 

disinfection  of,  of  tuberculous  persons,  relative  to 93-4 

placard,    when   placed  upon 95 

PRISONERS  : 

in  common  jail,  removal  of,  attacked  with  dangerous  disease 76 

PRIVATE    NUISANCES  : 

proceedings  for  abatement  of    192-6 

PRIVATE   PROPERTY: 

acquiring  of,  for  burying  grounds  in  townships 197-210 

PRIVIES  : 

regulating  care  of,  in  townships  and  villages,  penalty    155-6 

PROPERTY : 

appropriation   of  private,   in   villages 127 

appropriation  of  private,  in  cities    133 

PROSECUTING   ATTORNEY : 

duty,  relative  to  analysis  of  criminal  nature  by  bacteriologist 16 

notice  of  certain  penalties  incurred,  bv  whom  given  to 137 

PUBLIC   HEALTH: 

act   in   relation   to    29-33 

PUBLIC    SCHOOLS: 

methods    for    prevention,    etc..    of   dangerous     communicable     diseases     to     be 

taught  in    27-8 

PUBLIC    WAITING    ROOM: 

expectoration   in,   penalty    43 

Q. 

QUARANTINE  : 

.    when   state  board   of  health   may  establish    20 

purpose,   duration  of    21 

inspector  to  detain   railroad  cars,  etc 22 

disinfection   of  persons  and   property 23-4 

rules  to  be  published,  expenses,  how  provided  for 25-6 

when  board  of  health  may,  infected  person 67 

regulations     79-80 

of  vessels  in  townships  bordering  on  certain  lakes,  etc 83-8 

relative  to,   in   case  of  rabies Ill 

establishment  of,  for  infected  cattle * 121 

QUARANTINE   GROUND  : 

township   may  establish 81 

two   or   more,    may   establish 82 

in  villages,  private  property  may  be  appropriated  for 127 

city  council  may  provide    130,  133 

R. 
RABIES: 

among  dogs,   relative  to,   damages,   etc 1U1-H8 

prevention   of,    in   indigent    persons 119 

RAILROAD   COMPANIES  : 

sanitary   condition   of   coaches,   stations,   etc.,   duty   of 43-9 

transportation  of  dead  bodies  for  dissection 260  1 


108  INDEX. 


REAL  ESTATE:  KSfiSS; 

burying  grounds  in  townships,  acquiring  of,   etc 197-210 

sale  of,  by  board  of  health 222 

REGISTRAR   OP  DEATHS;  „  4rt 

who    to   be.    duties    140,  141 

fees   of,   for  recording  deaths,  etc 144 

to  enforce  provisions  of  act  relative  to  registration  of  deaths 145 

REGISTRATION  : 

of  embalmers  and  undertakers    22  <  -3o 

of  nurses,   providing  for,   examination,   licensing,   etc « 238-48 

REGISTRATION   REPORTS: 

annual,  statistical  data  from  death  certificates  to  be  published  in 14.. 

REMOVAL   PERMITS  : 

for  removing  bodies  of  dead  persons,  by  whom  and  when  issued,  etc 140,  141 

REPORT : 

annual,   of   secretary   -. 10 

filtration  plants  to  make 41 

to  state  board  of  health  of  public  exposure  on  trains 47 

by  physicians  of  tuberculous  persons,  to  whom,  etc 89-00 

protection    of     , 02 

of  investigation  as  to  cause  of  death  in  certain  cases  prior  to  issuing  burial 

permit,   etc 141 

annual  registration,  statistical  data  from  death  certificates  to  be  published  in  143 

trustees  of  countv  hospitals  to  make 250 

RESERVOIRS  : 

etc.,    inspection   of    , .  35 

S. 

SALARY : 

of  secretary  of  state   board  of  health 6 

of  assistant  secretary  of  board 12-13 

of  bacteriologist,   who  to  fix 14 

SANITARIUM  : 

maintenance,  etc.,   of,  by   counties 256-0 

SANITARY   CONDITIONS: 

state  medical  inspector  to  investigate,   report,  etc 30-1 

providing  for,   in  passenger  coaches,  depots,  etc 43-0 

SCARLET  FEVER: 

prevention  of  spread  of,   in  townships,   duties 61-4 

persons  afflicted  with,   prohibited  from  entering  public  places,   etc 65-6 

permit  necessary  to  bring  person  sick  with,  into  township,  etc 70-80 

health  officers,  duties  of,  relative  to .' 134 

SCHOOLS : 

method  of  prevention,  etc.,  of  dangerous  communicable  diseases  to  be  taught 

in    27-8 

SECRETARY : 

of  state  board  of  health,  appointment,  etc 4 

term  of  office,  duties,  salary,  etc 5-6 

appropriation  for  expenses,   clerks,   etc 7 

annual   report   of    "  10 

appointment   of  assistant   secretary    1 2-13 

health  officers  to  notify,  of  outbreak  of  dangerous  disease 134 

member  state  board  of  registration  of  nurses 238 

see  also    (state  board  of  health). 

SECRETARY  OF   STATE: 

list  of  registered  nurses  filed   with -  12 

SEWERS: 

plans  for,   for  state  institutions,  by  whom  examined,  etc 10 

city   council   may   regulate    128,  133 

slaughter  houses  in  cities,  etc.,  prohibited  unless  supplied  with 163 

village  council,  power  of,  relative  to  construction 183 

SLAUGHTER    HOUSES: 

in  cities,  etc.,   when  prohibited,  disposal  of  refuse,  penalty 163-6 

regulation  of,   in  cities  and  villages,  license,  etc 166-7.  170-1,  175-6 

SMALLPOX: 

prevention  of  introduction   and   spread  of 20-6 

relative   to   spread,   etc.,   of,   in   townships 61-4 

persona  afflicted   with,  prohibited  from  entering  public  places,  etc ^65-6 

penult  necessary  to  bring  persons  sick  with,  into  township,  etc 79-80 

hospitals  for  reception  of  persons  having,  townships  may  establish,  etc 102-7 

unlawful    Inoculation    with,    penalty    110 

health  officers,  powera  and  duties  as  to 134 

SPUTUM: 

examination  of,  <>f  tubereuloua  person M 

STATE    HOAKH   OP    HEALTH: 

act   to  establish    Ill 

establishment  of,  appointment,  term,  etc •■ 

duties,   meeting,   quorum,   etc -  '■} 

secretary  of,   appointment',    term,   duties 4-7 

physicians   and    clerks   of    local    hoards   to    report    to 8 

certain   officers,   when   to   furnish   information  to 0 

annual    report    10 


INDEX.  109 

STATE   BOARD   OF   HEALTH— Continued.  Section 

assistant    secretary,    appointment,    duties 12-13 

bacteriologist,   appointment  by,   examinations,   appropriation 14-18 

plans   for   state   buildings   submitted   to. 19 

quarantine,  when  to  establish,  to  prevent  spread  of  diseases 20 

purpose,    duration,    etc 21 

detention   of  railroad  cars,  etc 22 

disinfection  of  person  and  property 23-4 

expenses  of,   publication  of  rules,  etc 25-6 

approval  of  text  books  on  physiology  by 27 

to    designate   communicable   diseases 29 

water   works   systems,   relative  to  supervision  of,   by 34-42 

plans,  etc..  of  water  works  systems  filed  with,  what  to  show 39 

filtration  plants  to  report  to 41 

to  furnish  blanks  for  report  of  tuberculous  patients 90 

health  officers  to  notify,  of  outbreak   of  disease 134 

powers  and  duties  of,  relative  to  registration  of  embalmers 227-35 

secretary  of.  to  keep  record  of  embalmer's  licenses 232 

STATE   BUILDINGS: 

plans  for,  submitted  to  state  board  of  health 19 

STATE   INSTITUTIONS  : 

bacteriological    examinations    for    16 

STATE  LIVE   STOCK  SANITARY  COMMISSION: 

diseases  among  cattle  reported  to,  duty 120-1 

STATE    QUARANTINE   LAW: 

act   relative  to    20-6 

STERILIZATION  : 

of  urinals  in   coaches  and  vessels 48 

STREETS : 

city  council  may  regulate  use  of,  for  stands,   traffic,  etc 191 

SUBREGISTRARS  OF  DEATHS  : 

licensed  embalmers  to  act  as    236-7 

SUPERVISOR  : 

relative  to   investigation   of   water   works,   expense. 37-8 

member   township   board    of   health 50-3 

when,   to  act  as  health  officer 54 

T. 
TEACHERS : 

to  give  instruction  relative  to  communicable  diseases,  penaltv 27-8 

TEXT   BOOKS : 

on   physiology,   space  devoted   to  prevention   of  dangerous   communicable   dis- 


TOILET    ROOMS: 

in  depots,  etc.,  care  of 46 

TOMBSTONES  : 

removal  and  resetting  of,  after  vacation  of  cemeteries  In  townships 214 

removal  and  resetting  of,  after  vacation  of  cemeteries  in  cities  aud  villages.  220 

TOWNSHIP  BOARD  : 

to  be  township  board  of  health,  meetings 52-3 

TOWNSHIP  BOARD   OF   HEALTH:      (see  board   of  health). 

TOWNSHIP    CLERK: 

member   township  board  of  health 50-3 

TOWNSHIP  QUARANTINE  : 

regulations  as  to,  etc 81-8 

TOWNSHIPS  : 

spread  of  communicable  diseases  in 01-4 

prevention  of  introduction  of  communicable  diseases 79-80 

may  establish  quarantine  grounds    81-2 

hospitals,  may  establish    102 

who  to  regulate  removal  of  infected  persons,  etc 103-7 

health  officers,  act  specifying  certain  duties,  etc 134-6 

examination  into  and  prevention  of  nuisances,  etc.,   in 147-53 

care  of  privies  and  water  closets  in,  by  whom  regulated,  penalty 155-6 

dangerous  and  offensive  trades  in,  who  to  assign  places  for 160 

proceedings    to    vacate    cemeteries    in 211-16 

TOY   PISTOLS: 

act  to  prevent   sale  of    250-2 

TRADES : 

dangerous   and   offensive,   in  cities,   etc.,   assignment   of  places  for,    when   re- 
voked,   etc 160-2 

TRANSIT    PERMIT: 

for  shipment  of  dead  not  issued,  etc.,  unless  accompanied  by  removal  permit.  141 

TUBERCULOSIS  : 

powers  and  duties  of  boards  of  health  relative  to 89-101 

declared   infectious   and   communicable   disease 89 

open   cases  of    90 

premises  of  persons  having,   disinfection   of 93-5 

penalty  for  false  report,  etc 99,  101 

reporting  recovery  of  person  having    100 


110  INDEX. 


U. 

I  XI >ERTAKERS  :  Section. 

violating  certain  provisions  as  to  burial,  etc.,  of  dead,  punishable 145 

relative  to  registration   and   licensing  of 227-35 

UNIVERSITY   OF   MICHIGAN: 

person  infected  with  rabies  when  sent  to  Pasteur  institute  at 105 

to  provide  for  analysis  of  water  at 253-5 

transportation  of  dead  human  bodies  for  dissection 260-1 

URINALS : 

in    coaches,   etc.,    care   of 40 

V. 

VACCINATION  : 

boards  of  health  authorized  to  furnish 108-10 

VEGETABLES  : 

city  council  may  provide  for  inspection  of 128 

VESSELS : 

quarantine  of,  etc..  in  townships  bordering  on  great  lakes,  etc 83  8 

in  harbor,  prevention  of  nuisances,  etc.,  aboard,   by  township 147 

proceedings   when   township  board   of  health   is  refused   admittance   to 151 

VILLAGE  BOARD  OF  HEALTH:      (see  board  of  health). 

VILLAGES : 

prevention    of    introduction    of    communicable    diseases 79-80 

vaccination,   furnishing  of    108 

council  of,  general  powers  of    122-G 

purposes  for  which  private  property  may  be  taken 127 

health  officers,   specifying  certain   duties,   etc 134-6 

health  officers  of,  to  give  notice  of  certain  penalties,  to  whom 137 

care  of  privies  and  water  closets  in,  by  whom  regulated,  penalty 155-6 

dangerous  and  offensive  trades  in,  who  to  assign  places  for 160 

meat   inspection    in    166-76 

power  of  council,  to  regulate  nuisances  and  offensive  trades 177-81 

to    regulate   markets    181-2 

relative  to  construction  of  drains  and   sewers 183 

proceedings   to   vacate  cemeteries   in i 217-21 

W. 
WARRANT: 

when  justice  of  peace  may  issue,  for  removal  of  infected  person 70 

justice  of  peace,  when,  to  issue,  for  infected  baggage,  clothing,  etc .71 

when,  may  be  issued  commanding  destruction  of  nuisances,  etc 152 

to  remove  or  abate  a  private  nuisance 193-4 

WATER : 

analysis  of,  by   bacteriologist    16 

slaughter  houses  in  cities,  etc.,  prohibited  unless  supplied   with 1«>:; 

act  to  provide  for  analysis  of,  at  university 25.J-5 

WATER  CLOSETS  : 

in   depots,   etc.,    care   of 46 

regulating  care  of,  in  townships  and  villages,  penalty 155-0 

WATERING-TROUGHS  : 

city   council   may   provide   for 128 

WATER   WORKS   SYSTEMS: 

supervision  and  control  of.  by  state  board  of  health,  proceedings,  duties....  34  12 

plans  and   specifications  of,  where  filed,  etc •">'•> 

WELLS : 

when   deemed    nuisance,    liability    of   owners 157-0 


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